LIBRARY OF CONGRESS. 



ChapESfcft. Copyright No. 



UNITED STATES OF AMERICA. 



■n*i:^y^k^:~ i^T 



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DIGEST 



DECISIONS AND OPINIONS 



OF THE 



Commanders-in-Chief 



AND 



Judge-Advocates-General 



OF THE 



SONS OF VETERANS 

United States of America 



BY 



EDWARD K. GOULD 

JUDGE- Advocate-General 
1897-98 



n- 



ROCKLAND, MAINE. 

TRESS OF THE COURIER-GAZETTE. 

1897. 



/.f 




TWO COHB !tiit;£!VED 






249- 



Copyright, 1897, 
By Edward K. Gould. 



Headquarters Commandery-in-Chief, 
Sons of Veterans, U. S. A. 

Department of Commander-in-Chief, 
947 Tremont Building, 
Boston, Mass., November 30, 1897. 
Special Orders, ) 
No. 2. / 

As it will be impossible to publish the Blue Book this present term, and as there is an 
imperative demand for some work of this ' ind, that the official decisions and opinions 
may be in form for ready reference, Jiidi^t'-.\dvoc:ilc-Genernl /-.ckvard K. Gould \i 
hereby authorized and instructed to prepare for the use of the Order a Digest of such 
Decisions of the Commanders-in-Chief and Opinions of the Judge-Advocates-General 
as are now in force, and to print and furnish the same tu the Quartermaster-General, 
he in turn to issue them, on requisition, to Divisions, at such price as to afford both 'he 
Commandery-in-Chief and Divisions a reasonable profit in the sale of the work. 

By command of 

CHARLES K. DARLING, 

Com matider-in-Ch ief. 
Official : 

Fred E. Bolton, 

Adjutant- General. 



COMMANDERS-IN-CHIEF 

AND 

JUDGE-ADVOCATES-GENERAL 

During the Time of the Decisions and Opinions in this Digest 



I 889- I 890 

Conimander-in Chief CHARLES F. Griffin, of Indiana 
Judge- Advocate-General, O. B. Brown, of Ohio 

Opinions in Sons of Veterans Blue- Book 
1890-1891 
Commander-in-Chief, Leland J. Webb, of Kansas 
Judge-. 4 dvoeato- Genera I, Bartow S. Weeks, of New York City 
Decisions pp. 28-52; Opinions pp. 102-108, Proceedings loth Annual Encampment; 
also Opinions pp. 41-42, Proceedings nth Annual Encampment 
1891-1892 
Cemmander-in- Chief, Bartow S. Weeks, of New York City 
Judge- Advocate-General, R. Shaw Van, of Iowa 

Decisions pp. 29-38; Opinions pp. 38-41, Proceedings nth Annual Encampment 

1 89 2- 1 893 
Commander-in-Chief Marvin E. Hall, of Michigan 
Judge- Advocate-General, W. Scott Beebe, of Oregon 

Decisions pp. 24-34, Opinions 88-96, Proceedings 12th Annual Encampment 

I 893- I 894 
Commander-in-Chief Joseph B. Maccabe, of Massachusetts 
Judge- Advocate-General, W. H. RussELL, of Kansas 

Decisions pp. 20-30, Opinions 91-104, Proceedings 13th Annual Encampment 

I 894-1 895 
Comtnander-in- Chief, William E. Bundy, of Ohio 
Judge- Advocate-General, QV.SKI W. Harrington, of Kansas 

Decisions pp. 22-48, Opinions 116-122, Proceedings 14th Annual Encampment 

1 895- 1 896 
Commander-in-Chief W. H. Russell, of Kansas 

Judge-Advocate-General, R. B. Oglesbee, of Indiana; also Newton J. McGuire, of 
Indiana 
Decisions pp. 40-51, Opinions pp. 104-106, Proceedings 15th Annual Encampment 

I 896- I 897 
Conmander-in-Chief James Lewis Rake, of Pennsylvania 
Jndge- Advocate- General, John Redmond, of Kansas 
Decisions l.-xxn.. Opinions l.-viil., Proceedings 1 6th Annual Encampment (In Press) 

1897-1898 
Commander-in- Chief Charles K. Darling, of Massachusetts 
Judge- Advocate- General, EDWARD K. GoULD, of Maine 

Decisions i.-viii.. Opinions i.-vi., this Digest 



DIGEST OF DECISIONS AND OPINIONS 



Explanation. — The meaning of the figures and abbreviations employed in this 
Digest is as follows : Dec, decision; Op., opinion; C, R. & R., Constitutions, Rules, 
and Regulations; S. of V., Sons of Veterans; G. A. R , Grand Arniy of the Repub- 
lic; Com. -in-Chief, Commander-in-Chief; J. A. Gen., Judge-Advocate-General; P. C, 
password and countersign; 5th, the number of the Encampment in the printed pro- 
ceedings of which the opinion or decision cited is reported, thus '• Com. -in-Chief 
Bundy, Dec. V., 14th, 24," refers to decision five of Commander-in-C'hief William E. 
Bundy, Proceedings of the 14th Annual Encampment, page 24. Meaning of tech- 
nical terms employed in this work : De novo — anew, afresh; nunc pro tunc — now for 
then, (a phrase used to express that a thing is done at one time which ought to have 
been done at another) ; de hors — without, out of, foreign, irrelevant; ab initio — ixovsx 
the beginning. 



Accepted — See Division Encampment. 

Action at Law — See Bond. 

Adjournment — See Court Martial. 

Adopted Son — See Membership. 

Admission — See Division Encampment, Court Martial. 

Additions — See Honorable Discharge. 

Affirm — See Court Martial. 

Affidavits — See Court Martial. 

Agreement with Major A. P. Davis — See Council-in-Chief. 

Allegiance — See Membership. 

Amendments — See Constitutional Amendments. 

Ancestor's Record — See Membership. 

Annual Meeting — See Division Encampment. 

Application — See Camp, Dropped Member, Membership, Leave 

of Absence. 
Application for Degrees — See Membership. 
Applicant — See Membership, Charter Fee. 
Appeal — Appeals lie from decisions of the Division Commander, or 

Division Encampment, to the Commander-in-Chief, and from 

that official to the Commandery-in-Chief . 

Com.-in-Chief Webb, Dec. LViii., loth, 44. 



6 DIGEST OF DECISIONS. 

There is no appeal from the Commandery-in-Chief to the Com- 
mander-in-Chief from court martial proceedings. The 
proceedings of a Commandery-in-Chief, if reviewable at all, 
could only be reviewed by a subsequent Commandery. 

Com.-in-Chief Griffin LXXXIII., Blue Book 77. 

A member can appeal to the camp from the decision of his 
Captain on any question, whether constitutional or not, and 
either such member or the Captain may, if aggrieved, appeal 
from the judgment and decision of the camp to the Colonel 
(Division Commander) or the Division Encampment. 
J. A. Gen. Weeks, Op. iv., loth, 103. 

See Court Martial, Dropped Members. Division Encampment. 
Appointments. Pro Tem — See Division Encampment. 
Arrears — See Past Captain, Division Commander, Camp. 
Arms and EqyiPMENTS — See Swords. 

Army and Navy — When this term is used in the broad sense of 
the eligibility clause it comprehends the Engineer, Medical, 
Pay, Ordnance, Signal Corps, and all other branches of the 
service. 

Com. -in Chief Russell, Dec. XX., 15th, 48. 

Assumed Name — See Membership. 
Authority — See Membership. 
Badges — Must not be plated. 

Com.-in-Chief Griffin, Op. xcin., Blue Book 86. 

Ballot — Is necessary for each degree before candidate can receive 

them. 

Com.-in-C hief Bundy, Dec. xiv., 14th, 29. 

A candidate having received the first and second degrees, and 
on ballot lor the third was rejected^ it has been held that his 
standing in the Order is limited to presence and participation 
in the muster ceremonies ol his own degree, but he cannot 
remain during work in any other degree, or during the trans- 
action of business. 

Com.-in-Chief Bundy, Dec. xiv., 14th, 30. 

Brothers having objections to candidates for membership are 
not obliged to state them, and it is their privilege and duty to 
vote as they deem for the best interests of the Order, and 



V 



BALLOT. BONDS. 7 

when they exercise that right, neither the Captain nor the 
Camp has a right to challenge their motives, and, if a sufficient 
number of black balls is cast to reject the candidate, the Cap- 
tain must so declare the result. 

Com.-in-Chief Webb, Dec. I.xiv, loth, 46. 

See Transfer, Division Encampment, Membership. 

Back Tax — See Membership — Suspended, Membership — Dropped. 

Best Evidence — See Court Martial. 

Blind — See Membership. 

Black Book — See Membership, Dropped Members. 

Black Balls — See Membership. 

Blue Book, S. of V — Griffin's Sons of Veterans Blue Book was 
abolished by action of the Commandery-in-Chief at the Dav- 
enport Encampment. 

Com.-in-Chief Bundy, Dec. XXiv., 14th, 34. 

Blue Book, G. A. R. — Is only used as a guide, and the decisions 
therein are not accepted as final or conclusive authority on S. 
of V. law. 

Com.-in-Chief. Bundy, Dec. xxiv., 14th, 34. 

Bonds — Time limit of liability of principal and sureties upon bond 
of a Division Commander is decided to be one year from and 
after retirement from office, and after the affairs and accounts 
of his successor are passed upon. 

Com.-in-Chief. Russell, Dec. xxviii., 15th, 51. 

Bond of Division Commander may be canceled by the Qiiarter- 
master-General and delivered to principal, after one year from 
his retirement, if his affairs and accounts are correct, and are 
so certified by the Division Council. 

Com.-in-Chief Russell, Dec. xxviii., 15th, 51. 

A resort to equity is not necessary to recover the sum mentioned 
in the bond from the obligator, when remedy at law is adequate. 
J. A. Gen. Beebe, Op. xxvii., 12th, 96. 

Words " to hold in trust " in a bond in no legal sense affect the 
obligations of the person executing it, or the rights of the 
person to whom the bond is made payable. 
J. A. Gen. Beebe, Op. xxvii., 12th, 96. 



^ DIGEST OF DKCISrONS. 

Not necessary to pay a money consideration to the obligator in 
order to insure the validity of the bond, nor is the recitation 
of a money consideration in the bond necessary. 
J. A. Gen Beebe, Op xxvii., 12th, 96. 

The person to whom the bond runs is authorized to recover the 
amount in an action at law, and when collected he holds it in 
trust for the camp. 

J. A. Gen. Beebe, Op. xxvii., 12th, 96. 

See Division, Quartermaster-Sergeant. 
Burglary — See Membership. 

By-Laws — Of camps which permit the reinstatement ol a dropped 
member for less than one year's dues are illegal. 
Com.-in-Chief Weeks, Dec. xxi., nth, ^^. 

A by-law establishing a fee for a transfer is legal. 
Com.-in-Chief Weeks, Dec. XX., nth, 23. 

A by-law is operative from date of approval, and money paid 
for transfer cards, under said by-laws and prior to date of 
approval, must be considered as paid under coersion, and 
must be refunded to the members paying same. 
Com.-in-Chief Weeks, Dec. xxxvi., nth, 36 

Camps should regulate muster fee and dues, if any, of each 
degree by proper by-laws. 

Com -in-Chief Bundy, Dec. xiv., 14th, 30. 

A section providing that any article or section of the division 
by-laws "■ may be suspended for any one meeting by a two- 
thirds vote of all the brothers present at such meeting," is 
both constitutional and parliamentary. 

Com.-in-Chief Griffin, Op. nil., Blue Book 48. 

Division by-laws are but the expressed will of a Division 
Encampment, and a special law later than the general one 
previously enacted should govern. 

Com.-in-Chief Bundy, Dec xxxviii., 14th, 38. 

A division by-law requiring Captains to give bonds is legal. 

Com -in-Chief Webb, Dec. l., loth, 41. 

A division bv-law which reads, " Each camp shall be required 
to pay the expenses of at least one representative to each 
Division Encampment " is unconstitutional. 
J. A. Gen. Shaw Van, Op. Xii., 1 ith, 40. 



BY-LAWS. Q 

A division by-law provides for the annual meeting of the 
Division Encampment between June ist and June 30th of 
each year but the encampment fixed its next meeting for May 
22, held that the Commander-in-Chief had no authority to 
grant a dispensation to change the time of meeting, but that 
the action of the encampment was legal and the meeting could 
properly occur May 22 at this date was within the limit pro- 
vided by the C, R. & R. 

Com.-in-Chief Bundy, Dec. xxxviii., 14th, 38. 

The camp can, with or without by-laws, charge or refuse to 
charge the quarterly dues to a member for the quarter in 
which he was mustered. 

J. A. Gen. Shaw Van, Op. xvu., nth, 41. 

A section of a camp's by-law which reads as follows, is valid: 
" Sec. 3. Any brother proposing a candidate for member- 
ship, shall have the privilege or withdrawing his proposition 
prior to balloting." 

Com.-in-Chief Webb, Dec. xiii., loth, 30. 

Unless fines are provided for in the camp by-laws, they cannot 

be imposed by vote of the camp and their collection enforced. 
Com.-in-Chief Webb, Dec. xv., loth, 31. 

An amendment to a camp's by-laws providing for fines, can be 
enforced against members who signed the camp by-laws prior 
to the adoptian of such amendment. 

Com.-in-Chief Webb, Dec. xv., loth, 31. 

A camp by-law reading " A brother must pay $1 for an honor- 
able discharge " is valid. 

Com.-in-Chief Webb, Dec. xxix., loth, 34. 

The following section of camp by-laws is unconstitutional as it 
authorizes a punishment not recognized by the C, R. & R., 
viz. : '• Sec. 2. Any comrade receiving tickets belonging to 
this camp, for the purpose of selling the same for the benefit 
of the camp, for any entertainment, ball or reception, shall 
make returns therefor within a specified time (to be desig- 
nated by the camp), and in the event of any comrade failing 
so to do, an amount equal to the value of the tickets shall be 
charged to his account as dues." 

Com.-in-Chief Webb, Dec. Lxvi., 10th, 47. 

See Transfer, Division, Membership. 



-h 



lO DKJEST OF DECISIONS. 

CANCELI.ATION — Sec bun Is. 
Candidate — See Camp, Ballot. 

Camp — Special meetings of the camp can be called by the Captain 
without the written request of seven members. 
Com.-in-Chief Bundy, Dec. xv., 14th, 30. 

A camp can move from one division to another, when composed 
of soldiers in the regular army of the United States. 
Com.-in-Chief Russell, Dec. in., 15th, 40. 

A camp in Ogden, Utah, chartered by the Commander of the 

Washington Division, should not be numbered one (i), but 

should be given a number not borne by any camp in the 

Washington Division. 

Com.-in-Chief Bundy, Dec. XXXiv., 14th, 37. 

The reading of general orders cannot be omitted upon any 
pretext or under any circumstances. 

J. A. Gen. Russell, Op. v., 13th, 92. 

No part of the " order of business " can be omitted at a regular 

meeting of a camp, but any part of it may be transposed by 

a two-thirds vote. 

J. A. Gen. Russell, Op. v., 13th, 92. 

A camp cannot remit the dues of a First Sergeant, Quarter- 
master vSergeant and members of drum corps for services 
rendered. Sec. 3, Article IV., Chapter V., C, R. & R., 
prescribes the only conditions under which the camp is author- 
ized to remit the dues of its members. 

J. A. Gen. Russell, Op. v., 13th, 92. 

A recruit can be mustered at a special meeting of the camp 

provided that the call for same specifies that the muster is to 

take place. 

Com.-in-Chief Bundy, Dec. XV., 14th, 31. 

A motion to adjourn can legally interrupt " order of business," 
but the camp must be closed in due form as per ritual. 
Com.-in-Chief Russell, Dec. 11., 15th, 20. 

Even though the Division Commander had exceeded his author- 
ity in directing a member on transfer to muster a camp, still 
the recruits would stand in the position of innocent purchasers 
and be entitled to the rights and privileges of the Order. 
J. A. Gen. Harrington, Op. vii., :4th, 119. 



THE CAMP. II 

When a division embraces more than one state, camps in differ- 
ent states of said division cannot have the same name. 
Com. -in-Chief Weeks, Dec. vii., nth, 30. 

The C, R. & R. provides that the Division of Pennsylvania 
may have duplicates of camps numbered 2, 4, 9, 33, etc. 
This law was enacted to facilitate consolidation of other sys- 
tems with the Sons of Veterans, U. S. A., in this division. 
Duplicate numbers should not be conferred upon any new 
camp in this division, so long as either one of the old ones 
bearing" this number remain in existence. 

Com. -in-Chief Bundy, Dec. LV., 14th, 45. 

A camp may move from one village to another within the same 
division, with the approval of the Division Commander, and 
a new charter will issue. 

Com. -in-Chief Weeks, Dec. IX., nth, 30. 

Camps must be regularly opened and closed as per ritual. 
Com. -in-Chief Webb, Dec. xxiii., loth, 33. 

A camp not uniformed or equipped is not subject to discipline 
on that account. 

Com. -in-Chief Bundy, Dec. XLVII., 14th, 42. 

A camp cannot, after receiving an application for membership 
at a regular meeting, and after transacting its business and 
closing in due form, legally call the brothers together in 
camp session for action on the application. 
Com. -in-Chief Hall, Dec. xxxiv., 12th, 31. 

A camp by vote may rellise admittance to a visiting brother, or, 
after the visitor is admitted, might vote to request him to 
retire, with due regard always to the principles of courtesy 
and fraternity. 

Com.-in-Chief. Griffin, Op. i.XXiii., I lue Book, 70. 

A representative who refuses to obey instructions of camp to 
vote for a particular candidate for division office cannot be 
removed by vote of camp. His case can only be decided by 
court martial. 

J. A. Gen. Russell, Op. xxxviii., 13th, 104. 



-r 



\i DIGEST OF DECISIONS. 

I. Suspension of Camps. 
Ignorance of the law relating to the suspension of camps, no 
legal reason why the action of a Division Commander sus- 
pending a camp for failure to make quarterly reports should 
be reversed. 

Com.-in-Chief Webb, Dec. Lii., loth, 42. 

A camp cannot be suspended, except for failure to make quar- 
terly reports, pay per capita tax, or violation of the C, R. 
& R. 

Com.-in-Chief Bundy, Dec. XLvni., 14th, 42. 

A suspended camp cannot hokl a legal election of officers until 
reinstated. 

Com -in-Chief. Webb, Dec. xxxi., loth, 35. 

The only thing a suspended camp can do is to pay back dues 
and ask for reinstatement. 

Com.-in-Chief Webb, Dec. XXXI., loth, 35. 

Past officer of a suspended camp, or of one whose charter has 
been revoked, cannot join any camp and retain his past honors 
without a transfer card from his Captain or the Division 
Commander. 

Com.-in-Chief Webb, Dec. xxiv., loth, 33. 

A camp suspended can be reinstated before the charter is 
revoked upon paying all per capita tax due, and upon making 
and filing all delinquent reports to date. 

Com.-in-Chief Bundy, Dec. xuv., 14th, 40. 

A camp that for years has been in open rebellion and refuses to 
comply with legal orders from competent authority, the sev- 
eral Captains of same resorting to subterfuge to evade com- 
pliance, can be suspended by the Division Commander, pro- 
vided the camp as a whole, and not certain individuals, are 
responsible for the condition of affairs. 

Com.-in-Chief Bundy, Dec. XL., 14th, 39. 

II. Camps Disbanded and Dropped. 

A camp four quarters or more in arrears cannot be dropped 
except by order of the Division Colonel (Commander). 
Com -in-Chief Webb, Dec. xxxi., loth, 35. 



THE CAMP. 13 

A disbanded camp is one which, from any cause, has ceased to 
exist. It matters not in what way the dissolution occurs ; 
whenever it has ceased to have a legal existence, it is a dis- 
banded camp. 

J. A. Gen. Shaw Van, Op. xiv., nth, 40. 

No difference in the standing of a disbanded camp and one that 
has surrendered its charter. 

J. A. Gen. Russell, Op. xii., 13th, 94. 

A camp one year or more in arrears for reports and per capita 
tax is a disbanded camp, notwithstanding that formal revoca- 
tion of its charter has not been made. 

J. A. Gen. Beebe, Op. xix., 12th, 93. 

The division cannot claim money, flags, furniture, guns, side 
arms, drums, etc., of a disbanded camp. 

J. A. Gen. Shaw Van, Op. vu., nth, 39. 

A camp reinstating a dropped member must pay one year's back 
tax on him to the division, and the division to the com- 
ma ndery-in-chief. 

Cum.-in-Chief Bundy, Dec. LXVI , 14th, 48. 

A camp that has notice that an applicant is a dropped member 
of another camp and has not paid the camp a year's back 
dues, yet still persists in mustering him. is liable to have its 
charter revoked. 

Com. -in-Chief Bundy, Dec. L , 14th, 43. 

A camp legally disbanded cannot be reinstated. 
Com. -in-Chief Russell, Dec. vn., 15th, 42. 

A camp is not liable to the division for per capita tax on a 
dropped member during the period he is dropped. 

Com.-in-Chief Webb, Dec. xux., loth, 41. 

A camp cannot charge dues against a dropped member during 
the period he is dropped. 

Com.-in-Chief Webb, Dec. XLix., loth, 41. 

See Appeal, By-Laws, Council-in-Chief, Charter, Chaplain, 
Charter Fee, Division, Division Encampment, Division Com- 
mander, Division Office, Dispensation, Grand Army of the 
Republic, Honorable Discharge, Membership, Officers, Past 



14 DIGEST OF DECISIONS. 

Captain, Per Capita Tax, Property of Camp, Ritual, Regu- 
lation Badge, Swords, Transfer Card, Uniformed Camp, 
Uniform — Turkish Zouaves. 
Camp Name — No two camps in the same division shall have the 
same name. The names '' Abraham Lincoln " and " Lin- 
coln " are practically the same. 

Com. -in-Chief Griffin, Op. i., Blue Book 9. 

Camp Office — Not necessary a member be present at the meeting 
at which an election is held to be elected to a camp office. 
Com. -in-Chief Russell, Dec. x., 15th, 44. 

Majority vote necessary to elect to camp office. 
Com. -in-Chief Russell, Dec. x., 15th, 44. 

A brother elected and installed into camp office when six months 
in arrears, his election is void ab initio^ and the office should 
be declared vacant by the Division Commander if a Captain, 
First or Second Lieutenant, otlierwise by the Camp Com- 
mander. 

Com. -in-Chief Bundy, Dec. xxviii., 14th, 36. 

A First Lieutenant elect fails to present himself for installation 
at the appointed time, leaving town without notifying the 
camp, and having presented no cause therefor, held his action 
should be treated as a declination of the office. 
Com. -in-Chief Webb, Dec. i., 10th, 28. 

It is proper for the officers of a camp uniformed, but not' 
equipped, to wear side arms. 

Com. -in-Chief Webb, Dec. Lxv., loth, 46. 

An election of a camp officer was held to fill a vacancy, and 
was claimed to be illegal on the ground that the Quartermas- 
ter-Sergeant of the camp was not present at the time of elec- 
tion, that the camp council was not in session, that no list of 
the members of the camp bad been made who were eligible 
to vote as required by the Constitution, and Com. -in-Chief 
Griffin's Dec. xxviii., dated March 5, 1890, is cited in support, 
held that the election is legal for the reason that it is not 
shown that any person voted at this election who was not 
entitled to vote ; from all that appears the election was fairly 
conducted ; the record discloses notice to members of the 



CAMP OFFICE. CAMP COUNCIL. 15 

camp ; that the captain elected at the time was duly installed, 
and that his title to the office was not questioned for several 
months thereafter. The defects above mentioned can only 
be taken advantage of by an objection to such an election and 
an appeal therefrom at the time it took place — at least such 
objection must be made prior to installation. 
Com.-in-Chief Webb, Dec. lvi., loth, 43. 

A Camp Chaplain has the rank without command, of Captain 
of Infantry. 

Com.-in-Chief Griffin, Op. XXXII., Blue Book 29. 

A person elected to any camp office is not an officer until dulv 
installed. If an officer-elect resigns, the camp may proceed 
to elect another in his place without his resignation being 
acted upon by the Division Commander. 

Com.-in-Chief Webb, Dec. XLiii., loth, 39. 

See Election, Division Encampment, Titles, Ch;iplain, Nomina- 
tions, Dispensations. 
Camp Representatives — See Division Encampment. 
Camp Colors — If objection is made to the loaning of camp colors 
by members of the camp they should not be loaned. 
Com.-in-Chief Webb, Dec. v., loth, 29. 

A camp can carry no flags except those authorized by the C, R. 
& R. 

Com.-in.Chief Webb, Dec. X., loth, 30. 

Camp Council — Members of the camp council are not " commis- 
sioned officers." Camp Captains should issue to them war- 
rants the same as to non-commissioned staff. 
Com.-in-Chief Webb, Dec. xxxii., loth, 36. 

Members of the camp council have no military rank. 
Com.-in-Chief Grififin, Op. xxxiii.; also J. A. Gen. Brown, Blue Book 31. 

Camp — Change of Location — Name — Number — Charter — 
When a camp desires to remove from one town to another, to 
adopt a new name, a new number, and procure a new char- 
ter, the matter should be acted upon formally by the camp, 
and its action, duly attested, presented to the commanding 
officer of the division, setting forth reasons for the change, 
and if satisfied that it is for the good of the division, the 



i6 



DIGKST OF DECISIONS. 



change should be ordered, and when such order is made it 
should be transmitted to the Commandery-in-Chief headquar- 
ters for approval. 

Com. -in-Chief Webb, Dec. xxxi., loth, 36. 

Camp — Official Decisions — Camps should under no circum- 
stances, ask opinions of the Judge-Advocate, but should sub- 
mit the matter for decision to the Division Commander, who 
will, if he sees fit, refer it to the Judge-Advocate. 
Com. -in-Chief Webb, Dec. LVin., loth, 44. 

Captain — A captain must never close a meeting without going 
through the regular order of business. 

Com. -in-Chief Webb, Dec. i.xxxvn., loth, 52. 

Has not power to refuse admission to a visiting brother, who is 
in good standing. This power is in the camp alone. 
Com. -in-Chief Griffin, Op. I.XXIII., Blue Book 70. 

The suspension of a captain for non-payment of dues vacates 
the office, and a new captain should be elected. 
J. A. Gen. Brown, Op. i.x.. Blue Book 65. 

A captain had been absent from his camp for four successive 
meetings, and on the fourth night the First Lieutenant com- 
manding the camp, as such commanding officer, declares the 
office vacant, held that the proceedings are legal. 
Com.-in-Chief Webb, Dec. XL., loth, 38. 

See Appeal, Camp, Cipher and Key, Camp Captain, Division, 
Division Council, Division Commander, Installation, Lieu- 
tenant, Leave ot Absence, Membership. Ritual, Password 
and Countersign, Quartermaster, Suspended Member, Trans- 
fer Card. 

Certificate of Membership in G. A. R. — See Membership. 

Certificate — See Division Council. 

Charter — Charters of Posts mustered as camps cannot be dated 
prior to the muster of a Post into the camp system. 
Com.-in-Chief Webb, Dec. Lni , loth, 42. 

A camp charter may be surrendered or it may be forfeited, and 
the result is the same. 

J. A. Gen. Russell, Op. xii., 13th, 94. 



CHARTER. COURTS MARTIAL. 1 7 

Ten members of a camp in good standing may demand a con- 
tinuance of the charter at a regular meeting of the camp or 
at a meeting called for the purpose of surrendering the char- 
ter, or, if not present at such meeting, may express such 
desire by petition, 

Com.-in-Chief Griffin, Op. xxi.; also J. A. Gen. Brown, Blue Book 18-19. 

A c;unp has surrendered its charter and the same charter cannot 
again be conferred on any camp. 

Com.-in-Chief Griffin, Dec. XXII., Blue Book 19. 

A camp whose charter is revoked by the Commander-in-Chief 
is no longer in existence. 

f"om. -in-Chief Bundy, Dec. XLIV., 14th, 40. 

A suspended camp can surrender its charter, although not 
square on the division books. 

J. A. Gen. Russell, Op. xii., 13th, 94. 

See Camp, Property of Camp. 
Charter Fee — A charter fee when paid cannot be returned to 
applicants in case camp is not mustered. 
J. A. Gen. Beebe, Op. vii., 12th, 90. 

Divisions may charge $25.00 charter fee when camp seal and 
other extra supplies are furnished. 

Com.-in-Chief Bundy, Dec. LIII., 14th, 44. 

See Division Council. 
Charter Members — Ex-member disbanded camp in good stand- 
ing, who failed to obtain a transfer card at time of disband- 
ment, can become a charter member of another camp on 
securing a transfer from Division Commander. 
Com.-in-Chief Russell, Dec. xiii , 15th, 45. 

Name of deceased applicant for charter cannot be added to 
charter, if he died before muster. 

Com.-in-Chief Bundy, Dec. xix , 14th, 32. 

See Transfer. 

Courts Martial — If a court martial is ordered bv the Captain the 

report should be made to him for his approval ; if the camp 

orders the court martial, the court should make its report to 

the camp for approval. If ordered by higher authority, the 



l8 DIGEST OF DECISIONS. 

camp and camp officers have nothing whatever to do with it. 
If the camp or Captain refuses to pass upon the court martial 
proceedings, or disapprove them, an appeal will lie to the 
Division Commander. 

Com.-in-( hief Webb, Dec. Li., loth, 42. 

A camp or camp officers cannot defeat or prevent the judgment 
of the court martial being carried into eflect by refusing to 
pass upon the proceedings. 

Com. -in-Chief Webb, Dec. Li., loth, 42. 

Papers and sentence of a court martial must be passed upon by 
the Division Commander, and his action endorsed thereon, 
before forwarding to the Commander-in-Chief. 
J. A. Gen. Weeks, Op. vi., loth, 104. 

Laws of the order do not recognize acts which fall short of a 
crime as a sufficient ground for tlie convening of a court 

martial. 

J. A. Gen Shaw Van, Op. xv., nth, 41. 

Has no jurisdiction of the accused when not present and when 
legal notice is not served on him. 

J. A. Gen. Shaw Van, Op. in., nth, 38. 

Court for the trial of past division officers does not have to 
consist of past division officers. 

[. A. Gen. Russell, Op. xv., 13th, 95. 

A member cannot be punished except bv a court martial after a 
regular trial and a verdict against him. 
■ ■ - ■ Com. -in-Chief GrifEn, Op. lxxiv.. Blue Book 73. • • -■ 

The law presumes innocence "until guilt is established. A 
brother resting under charges of court martial retains all the 
rights and privileges he has ever enjoyed until convicted and 
sentenced. 

Com.-in-Chief Hall, xli., 12th, 32. 

A member of a camp who declines " to sit in the camp room '' 
with a visiting brother, without stating the reason or making 
charges, is guilty of " conduct unbecoming a member," etc., 
and subject to trial bv court martial. 

Com.-in-Chief Griffin, Op. Lxxn., Blue Book 70. 



COURTS MARTIAL. 



19 



A member sentenced to six months suspension cannot be tried 
upon another charge (hning the period of time for which he 
is suspended. 

Com.-in-Chief Griffin, Op. LXXVii., Blue Book 74. 

An officer cannot be suspended except upon charges preferred 
pending court martial. 

Com.-in-Chief Griffin, Op LXXX., Blue Book 75. 

G. A. R. comrades are not qualified to act as members of S. of 
V. courts martial. 

Com.-in-Chief Weeks, Dec. 11., i ilh, 29. 

Shall consist of five membeis. 

J. A. Gen. Russell, Op. xvni., 13th, 95. 

Unless at least five members of the court are present, the court 
can only meet and adjourn until absentees report, or until the 
court is dissolved by competent authority. 
J. A. Gen. Weeks, Op. X., loth, 104. 

While thiee members constitute a quorum, it is imperative that 
the trial does not proceed unless all five are present. A quo- 
rum is wisely provided for so that the court, if a full attend- 
ance is not had at the time set for the trial, may not dissolve 
but can adjourn to a time certain, and secure the attendance 
of a full court. 

J. A. Gen. Russell, Op. xxxni., 13th, 100. 

Must consist of just five ; no more, no less. 

J. A. Gen. Harrington, Op. xi., 14th, 120. See Op. xii., also. 

Must consist of five exactly, and all of them must be continually 
present at the trial. If it consists of more, proceedings 
fatally defective. 

J. A. Gen. Oglesbee, Op iv., 15th, 105. 

All the members of the court must be present during trial If 
a member is admitted after the trial has begun, proceedings 
void. 

J. A. Gen. Russell, Op. xxii., 13th, 96. 

The accused may, if he so elects, waive his right to be tried by 
the full court of five members, and the trial may proceed with 
a less number. 

J. A. Gen. Russell, Op. xxxv., 13th, 103. 



20 DIGEST OF DECISIONS. 

A member should not be permitted to serve as a member of a 
court convened to try a brother of whose guilt he had previ- 
ously expressed an opinion. 

J. A. Gen. Weeks, Op. xx., loth, 107. 

A member who signed the charges and stated that he believed 

them to be true, and was the first witness called to support 

them, should not have been permitted to sit as a member of 

the court. 

J. A. Gen. Weeks, Op. xx., loth, 107. 

A change in the detail of members cannot be made without 

notice to the defendant, and if made during trial, proceedings 

void. 

J. A. Gen. Harrington, Op. xvi., 14th, 122, 

Where an adjournment is had in the absence of the accused, 
notice of the adjournment should be given to the accused, 
and proof thereof incorporated in the record. 
J. A. Gen. Weeks, Op. xv., loth, 105. 

A session continued beyond midnight of Saturday is legal. 
J. A. Gen. Weeks, Op. xxix., nth, 42. 

It is not the duty of the court to furnish counsel for accused. 
J. A. Gen. Russell, Op. xxii., 13th, 96. 

Members of a court cannot be witnesses in the case on which 
they are sitting in judgment. 

J. A. Gen. Weeks, Op. xx., loth, 107. 

If witnesses were not affirmed or obligated, proceedings 

irregular. 

J. A. Gen. Shaw Van, Op 11., nth, 38. 

I. Charges and Specifications. 

Charges and specifications should state facts with that definite- 
ness and certainty that is necessary when an accused person 
is called upon to answer for an offence committed. 
J. A. Gen. Beebe, Op. xvii., 12th, 92. 

In order to sustain a finding of guilty the accused must be aptly 

charged with an offence cognizable by the Sons of Veterans 

and the evidence must legitimately tend to establish the offence 

thus charged. 

J. A. Gen. Beebe, Op. xxv., 12th, 95. 



COURTS MARTIAL. 21 

When the charge is improperly worded but the evidence is 
sufficient to sustain it when properly worded, the court can 
cure defect by being reconvened. 

J. A. Gen. Harrington, Op. viii., 14th, 119. 

"Misappropriating funds" is an improper charge. It should 
be " Conduct unbecoming a member in his relation to the 
Order." 

J. A. Gen. Redmond, Op. II., i6th, loi. 

The only offence of disloyalty cognizable by our Order is '' Dis- 
loyalty to the United States of America." 
J. A. Gen. Weeks, Op. ix., loth, 104. 

A charge worded, " Conduct unbecoming a member of the 
Order," is not an offence cognizable by the Sons of Veterans. 
It should be " Conduct unbecoming a member in his relation 

to the Order." 

J. A. Gen. Weeks, Op. i., loth, 102. 

The record shows charge to have been " attempting to divulge 
the grip." Some doubt as to sufficiency of charge. 
Com. -in-Chief Webb, Dec. Lxxxv., loth, 52. 

The charge " Retaining money belonging to the camp " is one 
not recognized in that form by our Order. It should be 
" Conduct unbecoming a member in his relation to the Order." 
J. A. Gen. Weeks, Op. xx., 10th, 107. 

In the trial of a division officer, *•' embezzlement of division 
funds," an improper charge. It should be, " Violation of an 
obligation given at the time of assuming office." 
J. A. Gen. Russell, Op. xxxiii., 13th, loi. 

Allegation that accused "stole goods from Hotel Benton," an 
improper charge. It should read, " The commission of a 
scandalous crime against the laws of the land." 
J. A. Gen. Russell, Op. xxviii., 13th, 98. 

" Conduct unbecoming a Son of a Veteran," an improper 
charge. It should be, " Conduct unbecoming a member in 
his relation to the Order." 

J. A. Gen. Russell, Op. ix., 13th, 93. 

Proceedings are irregular when charge is improperly worded, 
but if evidence is sufficient to sustain charge when properly 



2i biGEST OF DECISIONS. 

worded, the court may be reconvened to cure irregularity and 
the record again forwarded. 

J. A. Gen. Harrington, Op. II., 14th, 117. 

" Making false entries on cash book of camp," not a propei 
charge. It should be, ''• Conduct unbecoming a member in 
his relation to the Order." 

J. A. Gen. Harrington, Op. xix., 14th, 122. 

The charge in this case is " Fraudulent representation and 
appropriating money to his own use by means of a fraudulent 
order." It is improperly worded, and should read, "Conduct 
unbecoming a member in his relation to the Order." 
J. A. Gen. Harrington, Op. xv., 14th, 121. 

" Appropriation of camp funds to his own use," not a proper 
charge. It should be, " Conduct unbecoming a member in 
his relation to the Order." 

J. A. Gen. Harrington, Op. xvi., 14th, I2i. 

In case where charge was, " Appropriating to his own use and 
benefit certain funds of W. E. Cross Camp," when it should 
have been, •' Conduct unbecoming .a member in his relation 
to tlie Order;" finding and sentence approved. 
J. A. Gen. Harrington, Op. iv., 14th, u8. 

A brother was charged: ist. With conduct unbecoming a 
member in his relation to the Order. The specifications are, 
1st. In that he became intoxicated during the installation of 
the officers of his camp; 2d. Createtl a disturbance; and, 
3d. Afterwards tore his badge from his coat and threw it in 
the street. Charge 2 was: Conduct prejudicial to good order 
and discipline, in that he spoke disrespectfully of the Order in 
the camp room when his actions upon the night of installa- 
tion were under examination. The accused pleatled "guilty" 
to the first specitication of the first charge, and to the second 
charge. Findings and sentence approved. 

Com. -in-Chief Weeks, Dec. XLii., nth, 38. 

A brother is charged with disobedience of C, R. & R. and 
By-Laws, also orders coming from proper authority, and 
conduct unbecoming a member in his relation to the Order. 
The specifications set fortli that he loaned or used funds of 



COURTS MARTIAL. 23 

the camp in violation of the resolutions of the camp ; that he 
presented worthless checks in payment of the rent of the 
hall ; that he retained money donated for the relief of a 
brother and ordered to be paid to tlie Division Qiiartermaster ; 
that he disobeyed the orders of the Camp Commander to 
turn over the funds of the camp, and that he denied upon the 
floor of the camp any misuse of its funds. Accused was 
present with counsel and pleaded " guilty." Sentenced to be 
dishonorably discharged and dismissed from the Order, and 
sentence was approved. 

Com -in-Chief Weeks, Dec. XXii., nth, ^2- 

The specification is not sufficient to sustain charge when it fails 
to state facts sufficient to constitute a crime. 
J. A. Gen. Oglesbee, Op. iv., 15th, 105. 

When specifications fail to state essential facts of the oflence 
charged, and the evidence would be insufficient to sustain 
conviction in court of law, yet enough facts can be gathered 
and inferred from record to give ground for guilt, //e/d, tliat 
finding and sentence should be approved. 

J. A. Gen. Oglesbee, Op. n., 15th, 104. 

The language in the specification of a charge, that " the mem- 
bers of this court have good and sufficient reasons to believe, 
and do believe, that it will materially aid and benefit this camp 
by dishonorably discharging S. E. P. from the camp and 
the Order," is particularly out of place. 

J. A. Gen. Weeks, Op xx., loth, 106. 

Under charge, '• Conduct unbecoming a member in his relation 
to the Order," the specification sets out part of a letter as 
follows : " It seems to me you are a set of ninnies or babies; 
why don't you have more manhood about you as a body.* * * 
I gave you some credit of being made of better stuff" than 
you have proven to be made out of. * * * I wish I was there 
to give you a piece of my mind and you might court martial 
me. * * * Is there not one in the camp who has not been 
bull-dozed by their slick tongues. * * * You may read this 
aloud in the camp room for all I care ; I certainly would say 
as much if I were there. You are a lot of geese." Held, 



^4 DIGEST OF DECISIONS. 

that while the language is certainly unbecoming, still it was 
not a public utterance, the camp was not injured by it in the 
least, and the sentence of dishonorable discharge is out of all 
keeping with the offence. 

J. A. Gen. Harrington, Op. ill., 14th, 118. 

II. Notice to Accused. 

When accused was not present at trial and record contains no 
proof of notice having been served on him, proceedings are 

irregular. 

J. A. Gen. Harrington, Op. 11., 14th, 117. 

A notice to accused should contain statement that charges have 
been preferred, that a trial will be had, when and where held, 
and that a copy of the charges are enclosed with the notice. 
J. A. Gen. Russell, Op. xxxiii., 13th, loi. 

The Judge Advocate should recite in his return or proof of 
service exactly what he did in making service ; he must state 
the facts, and then it is the dutv of the court to decide whether 
the facts stated show a valid service upon the accused. 
J. A. Gen. Beebe, Op. in., 12th, 89. 

If a return of service in the record is defective it may be cured 
by reconvening the court and having the irregularity adjusted, 
if the facts of service are in accordance with the C, R. & R. 
J. A. Gen. Harrington, Op. xni., 14th, 120. 

If personal service cannot be obtained upon the accused the 
C. R. & R. provides for constructive service. 
J. A. Gen. Russell, Op. xx., 13th, 96. 

Service on accused is not excused because he is confined to the 

penitentiary. 

J. A. Gen. Harrington, Op. xvii., I4lh, 22. 

Service of notice of trial and a copy of the charges upon 

accused, if made by mail, should be sent to his " last known 

place of residence." 

J. A. Gen. Russell, Op. xxxni., 13th, 101. 

If the accused is absent from tlie trial there must be incorporated 
in the record of the court proof of notice being given him or 
left at his usual place of abode. 

J. A. Gen. Weeks, Op. vi., lolh, 104. 



COURTS MARTIAL. 25 

The accused may have a residence at one place and his post- 
office address n.ay he at another. Notice of trial should be 
sent to his last known residence. 

J A. (Sen. Heebe, Op. v., 12th, 90. 

Even if accused appears by counsel but is not present himself, 
it is well to have proof of the notice given him incorporated 
in the lecord. 

J. A. Gen. Weeks, Op. xvii., loth, 106. 

If accused appeared, asked no postponement or continuance, 
and made no objection to regularity of service, he is held to 
have waived irregularities of service. 

J. A. Gen. Russell, Op. xxii., 13th, 96. 

A letter containing an admission by the accused that he had 
received notice of his trial is not sufficient admission of service. 
It should state the kind of notice, and the time, place and 
manner of its reception. 

J. A. Gen. Beebe, Op. xxv., 12th, 95. 

A court was ordered on Febiuai v 23 to convene on February 25, 
held^ that accused did not receive such notice as the Consti- 
tution required. 

J. A. Gen. Weeks, Op. xx., loth, 107. 

The record showing, over the signature of the Judge- Advocate, 
that the whereabouts of the accused was not known, held^ 
that the proceedings were regular and sentence was approved. 
J. A. Gen. Weeks, Op. xxvi., loth, 107. 

The fact that the notice recites that he " sends copy," etc., does 
not establish the fact that it was received by the defendant or 
left at his usual place of residence. 

J. A. Gen. Shaw Van, Op. 11., nth, 38. 

The record states that the accused was '■'■ legally notified," held, 
not to be sufficient proof of notice. 

J. A. Gen. Beebe, Op. xvii., 12th, 92. 

A record that states that "• notice " was sent to the accused by 
letter but tails to state what that notice contained, is irregular. 
J. A. Gen. Beebe, Op. xv., 12th, 92. 



26 Digest of decisfons. 

Proof of notice not sufficient[when it reads, " Served by mail 
May I, 1893, W. H. B. Judge Advocate." 
J. A. Gen. Beebe, Op. xxv., 12th, 95. 

A Statement in the record '•' that the Jiitlge-Advocate ofiered 
proof that the accused was duly notified whrch was accepted 
by the court," not sufficient. 

J. A. Gen. Russell, Op. i., 13th, 91; also Op. iv., 13th, 91. 

A return in the record reads: '' Williamsport, Pa., Aug. 22, 
1892. This is to certify that I did duly notify the accused 

brother, A. F. A , by mail at least twelve (12) days 

before the court convened, on my honor as a member of the 
Order of S. ot V." Held^ to be ladically defective because 
it fails to show that a '' copy of the charges" and a ^ notice 
of the time and place of holding court" had been " served" 
upon the accused five days or any number of days before the 
date fixed for the court, b)' mail, " addressed to his last known 
place of residence." 

J. A. Gen. Beebe, Op. in., 12th, 89. 

When the accused is not present, absence from the record of 
proof of notice is an irregularity that may be cured on recon- 
vening the court. 

J. A. Gen. Harrington, Op. xvi., 14th, 121. 

Although not obligated as a witness, the Jutlge-Advocate testifies 
that "• notice to the accused was sent to his last known 
address on August loth, containing information that the trial 
would be held on the 23d of the same month. Rumor having 
it that he was at Kasle, B. C, I also sent a copy of the noti- 
fication to him there, endeavoring, if possible, to have him 
receive notice and make restitution. A copy of the latter is 
herewith attached. The former was returned." Held^ notice 
not sufficient. 

J A. Gen. Russell, Op. xxxin., 13th, 101. 

A record of a court contains this statement : '' The Judge- 
Advocate, having read the order convening the court, here 
affirmed that on the 14th day of March he did summon 
Bio. B. to appear at this court martial and the said brother 
promised to appear." Jle/d, that tiiis is not a proper proof 



COURTS MARTIAL. 27 

of service. The Judge- Advocate should state specifically 
what he did, and not simply give his conclusion. 
J. A. Gen. Harrington, Op. Xili., 14th, 120. 

A detached sheet, in no manner incorporated in the record or 
referred to therein, contains a statement made by a person 
who is a total stranger to the record, that he did certain things 
by way of serving notice, and a letter from one of the defend- 
ants contains an admission that he received such a notice but 
fails to appear at the trial, held, service of notice is defective. 
J. A. Gen. Oglesbee, Op. iv., 15th, 105. 

III. Record of the Court. 

The order appointing the court should be made a part of the 
record. 

J. A. Gen. Beebe, Op X., I2th, 91. 

Record is defective when it does not appear that the court was 
ordered by the proper officer. The order appearing in the 
record was not signed by the Commander. 
J. A. Gen. Beebe, Op. vi., 12th, 90. 

The record must contain proof of notice, showing it to have 
been served on accused or left at his usual place of abode. 
J. A. Gen. Harrington, Op. vni., 14th, 119. 

A court martial, the proceedings of which are irregular, may 
be reconvened in accordance with Section 1043, U. S. Army 
Regulations, and the deficiency supplied and the record cured. 
J. A. Gen. Weeks, Op. vu., loth, 104. 

Irregularities in records may be cured bv reconvening the court, 

after which the papers should again be forwarded through 

proper channels. 

J. A. Gen. Harrington, Op. n., 14th, 117. 

Proceedings are irregular when inconsistencies appear in the 
record, such as the statement that the accused was not present, 
still he was airaigned and pleaded •' not guilty." 
J. A. Gen. Harrington, Op. n., 14th, 117. 

The consideration of matters de hors tiic record should be very 
seldom entertained, or otherwise n(- proceeding would ever 
have the stabilitv to which it is cntitkd. 

J. .\. Gen. Weeks, Op. XXIX., nth, 42. 



28 DIGEST OF DECISIONS. 

A record that shows accused to have been absent, and also that 
he was arraigned and pleaded " not guilty," irregular. 
J. A. Gen. Russell, Op. i., 13th, 91. 

A record that shows no charge to have been made, but a speci- 
fication alone is given stating that the accused was convicted 
of bigamy ; no proof of service appears, but the statement 
appears that accused is in the penitentiary ; a plea of guilty 
instead of not guilty was entered and no evidence whatever 
was ofiered ; held, that proceedings are void. 
J. A. Gen. Harrington, Op. xvii., 14th, 122. 

Where it does not appear of record how many members of the 
court were present at trial, or that an adjournment to any 
other time was had, but four days later, without any notice of 
any kind to anybody, a majority of the detail sat and a trial 
was had, held^ proceedings illegal and record defective. 
J. A. Gen. Oglesbee, Op. iv., 15th, 105. 

A nunc pro tunc order is always admissible when delay in 
forwarding record of court to the Division Commander arises 
from the act of the court, as in case where the Judge-Advo- 
cate has failed to prepare same. The court should be recon- 
vened in accordance with Section 1043, U. S. Army Regula- 
tions to complete the record. 

J. A. Gen. Harrington, Op. I., 14th, 1 1 7. 

IV. Evidence. 
Evidence irrelevant to the charges and specifications should not 

be admitted. 

J. A. Gen. Oglesbee, Op. i., 15th, 104. 

Letters annexed to a court martial record should be identified. 

J. A. Gen. Weeks, Op. ix., loth, 104. 
Evidence founded on suspicion alone and unsupported is inad- 
missible. 

J. A. Gen. Shaw Van, Op. XL, iith, 40. 

Hearsay evidence is not admissible. 

y. A. Gen. Beebe, Op. xvn., 12th, 92. 

Under criminal charge in certain case, the best evidence is 

wanting in that a copy of the information and bond is 

lacking. 

J. A. Gen. Shaw Van, Op. Xi., nth, 40. 



COURTS MARTIAL. 2g 

The accused cannot be charged with one offence and be convicted 
by proof that he committed another and entirely different 
crime ; nor can he be legally found guilty by proof of some 
crime when none is charged against him. 
J. A. Gen. Beebe, Op. xxv., 12th, 95, 

Under a charge of embezzlement of funds a resolution of the 
Division Encampment was introduced in evidence ordering a 
warrant drawn for only part of the amount in controversy, in 
favor of the accused, and ordering the accused to pay into the 
treasury the balance. Held, not competent evidence. 
J. A. Gen. Russell, Op. xxxv., 13th, 103. 

Deposition of absent witness is the only competent evidence he 

can give. 

J. A. Gen. Russell, Op. xxxiii., 13th, loi. 

Affidavit of an absent witness not admissible evidence before a 
court martial. His deposition should be taken. 
J. A. Gen. Russell, Op. xxxiii., 13th, loi. 

Under charge, "■ Violation of a pledge given at the time of 
muster," the following letter was introduced in evidence and 
identified as the handwriting of the accused : " If camp has 
nothing better to do than to hunt up a character for a previous 
chippy they are in a bad row. * * * She was a noted sport, 
or at least a confirmed one, and had rooms on East Second 
street where her customers were welcome at all hours, day or 
night. * * * She left her husband and was in one of the 
lowest dives in B." Nothing appears in the letter to indicate 
to whom reference is made, but it was assumed that the wife 
of O. E. C. was referred to, and he was so informed. The 
brother to whom the letter was addressed testified : 
".^. In this letter does he refer to the wife of O. E. C. } 
A. Yes." This is all the evidence to support the charge, 
keld^ not sufficient. 

J. A. Gen. Harrington, Op. in., 14th, 117. 

V. Sentence. 

Whatever sentence is imposed must be positive, direct and 
certain, and not in the alternative. 

J. A. Gen. Beebe, Op. xx., 12th, 93. 



30 DIGEST OF DECISIONS. 

It requires a unanimous vote of the court upon a finding oj 
guilty, and also as to sentence. 

J. A. Gen. Russell, Op. vi., 13th, 93. 

When ojders appointing the court martial do not name the 

day of trial and time for convening, sentence should be 

disapproved. 

J. A. Gen. Beebe, Op. xxi., 12th, 93. 

After sentencing the accused to pay a fine of $7 and costs, the 
court further adjudged that in case the same is not paid 

within twenty days from March i, 1893, "then Brother R 

shall be dishonorablv discharged from tiie Order," held^ to 
be not a proper sentence. 

J. A. Gen. Beebe, Op. xx , 12th, 93. 

A mild sentence is evidence of lack of malice on the part 

of members of a court martial when accused charges such on 

appeal. 

J. A. Gen. Weeks, Op. xxix., nth, 42. 

The use of unbecoming language is reprehensible, but if not 
used in a public manner or in such a way that a camp was 
injured by it, a sentence of dishonorable discharge is more 
severe than the offence would justify. 

J. A. Gen. Oglesbee, Op. i., 15th, 104. 

In case where charges were, "Violation of obligation given at 
time he assumed the office of Captain of the camp aforesaid," 
and one specification, showing neglect of duty in absenting 
himself from meetings of camp; the second charge being 
"Conduct prejudicial to good order and discipline," and two 
specifications, the first alleging neglect of duty in absenting 
himself from camp meetings, the second charging him 
with certain unbecoming language, keld^ that sentence of 
dishonorable discharge is too severe for offences alleged. 
J. A. Gen. Oglesbee, Op. i., 15th, 104. 

VI. New Trial. 

A member of the court who expresses his opinion of the 
accused's guilt before trial, and said he would " fix him," 
held^ to be sufficient grcnnid to grant a new trial. 
J. A. Gen. Russell, Op. vi., 13th, 93. 



COURT OF LAW. COMMANDERY-IN-CHIEF. 3 1 

Failure to obligate or affirm witness, sufficient ground for new 

trial. 

J. A. Gen. Russell, Op. viii., 13th, 93. 

See Division Commander, Membership, Past Captain, Camp. 
Court of Law — See Courts Martial — Charges and Specifications. 
Council-in-Chief — Powers expressly limited to controlling and 
supervising investment of the funds, and devising and recom- 
mending measures for raising funds, but they have no power 
to put into effect any measure they may devise, as by increas- 
ing the tax. 

J. A. Gen. Oglesbee, Op. v., 15th, 106. 

May charge an additional amount for supplies furnished under 
the agreement with Major A. P. Davis, to cover tiie cost 
of carriage from the manufactory to the Commandery-in-Chief 
headquarters, Division headquarters and Camp headquarters, 
respectively. The Commandery-in-Chief of course has the 
same power. 

J. A. Gen. Weeks, Op. viii., loth, 104. 

Has no piiwer to increase per capita tax due from Divisions to 
Commandery-in-Chief. 

J. A. Gen. Oglesbee, Op. v , 15th, 106. 

See Judge-Advocate-General, Division Coinicil, Courts Martial, 
Camp. 
Commandery-in-Chief — Can alter or change any law or regulation 
at its meetings to suit its pleasure. 

J. A. Gen. Shaw Van, Op. iv , nth, 39. 

. .May pass any law for the government of divisions, unless it 
has surrendered or delegated that power to the divisions. 
J. A. Gen. Shaw Van, Op. iv., nth, 38. 

Division Constitution can only be amended by the Commandery- 
in-Chief. 

J. A. Gen. Shaw Van, Op. iv., nth, 38. 

Divisions are not barred from representation in theCommandery- 

in-Chief becauseof failure to forward Chaplain's and Surgeon's 

reports. 

Com.-in-Chief Bundy, Dec. lvi., 14th, 46. 



32 DIGEST OF DECISIONS. 

The Commander-in-Chief or the Division Commander cannot 
by special dispensation or otherwise, alter, amend or abrogate 
any provision of the Constitntion. 
Com. -in-Chief Griffin, Op. vi., Blue Book, ii; also Up. i.xxvi., Blue Book, 73.- 

Has no power of approving the action of any division on any 
subject, where action does not conform to the constitutional 
regulations of the Order. 

Com.-in-Chief Hall, Dec. ix., I2lh, 26. 

There is no authority by whicii even the Commander-in-Chief 
may grant a dispensation to permit of a violation of the 
Constitution. 

Com.-in-Chief Rake, Dec. iv., i6th, 29. 

See Appeal, Constitutional Amendments, Council-in-Chief, 
Titles, Member Suspended, Memlier Dropped, Division By- 
Laws, Charter Revoked, Courts Martial, Dispensation, Divi- 
sion Officer, Inspection, Judge-Advocate-General, Ritual, 
Division Commander. 

Confederate Army — See Members, Eligibility. 

Conflict of Opinions — See Dues, 

Constitution — The word ''shall" must be construed as it is in the 
statutes ot tiie several states of this country, and whether it 
is mandatory or directory must be determmed from the 

context. 

Com.-in-Chief Webb, Dec. lvi., loth, 43. 

See Commander-in-Chief, Inspection, Ritual. 
Constitutional Amendments — At the Knoxville Encampment 
the Commander-in-Chief recommended that no amendments 
to tiie laws of the Order be made, which recommendation 
was adopted by the encampment, after which it voted amend- 
ments, held^ that such amendments were constitutional and 
legally adopted. 

Com.-in-Chief Russell, Dec. xxvl, 15th, 50. 

See Shoulder Straps S. V. 
Commissioned Officers — See Division Council, Reports, Past 

Rank. 
Comrades of G. A. R. — See Courts Martial. 



COMMISSION. DIVISION COMMANDER. 



33 



Commission — A Division Commander can legally withhold co«:- 
missions of camp officers who have not paid fee as established 
by Division Encampment for same. 

J. A. Gen. Russell, Op xxxiv., 13th, 102. 

See Division Commander, Division Encampment, Office, 
Quartermaster. 
Cushing's Manual — See Division Encampment. 
Cypher and Key — No other meinber of a camp should be allowed 
to have or hold the cypher and key of our unwritten work 
but the Captain. 

Com.-in-Chief Hall, Dec. xui., 12th, 32. 

Date — See Transfer. 

De Novo — See Dropped Member. 

Declination — See Camp Officers. 

Depositions — See Court Martial. 

De Hors the Record — See Court Martial. 

Deaf and Dumb — See Ritual Obligation. 

Delegate — See Division Encampment. 

Degrees — See Dropped Member, Ballot, Ritual. 

Desertion — See Membership'. 

Detail — See Court Martial. 

Division — Five camps necessary to form. 

Com.-in-Chief Bundy, Dec. Li., 14th, 43. 

Name cannot be changed by act of the Division Encampment. 
Com.-in-Chief Griffin, Op. xxxvi., Blue Book, 37. 

Not limited by State or Territorial lines. A division may- 
include more than one State. 

Com.-in-Chief Griffin, Op. 11., Blue Book, 9. 

See Camp, Council-in-Chief, Commandery-in-Chief, Comman- 
der-in-Chief, Charter Fee, Member Suspended, Member 
Dropped, Motto, Property of Camp, Per Capita Tax, 
Quartermaster, Shoulder Straps S. V., Uniform. 
Division Commander — In the 12th Annual Encampment of the 
Vermont Division, June 28, 1S94, ^'^^ following proceedings 
were had : "Moved by Past Colonel E. T. Griswold that 
the Constitution be suspended, and we proceed with the 
election of the officers. Motion carried." After nominations 



34 DIGEST OF DECISIONS. 

Brother Frank L. Greene being the only nominee, the 
Adjutant was instructed to cast one ballot for Past Captain 
F. L. Greene, for Division Commander, and he was declared 
elected. Afterwards in the afternoon session of the same 
day. Brother F. L. Greene was duly installed into office by 
Adjutant General Charles K. Darling, and immediately 
thereafter, retiring Commander W. M. Sargent was presented 
with the silver cross of a Past Commander, which he 
accepted. I am satisfied by this action, and taking into 
consideration the fact that Brother Greene was permitted to 
assume command, and has acted as Commander of the 
Division for nearly a year, that Brother Sargent is estopped 
from any claim to the position. For more than eleven months 
Brother Greene has been Division Commander de facto. 
No one protested at the time. He was unanimously elected 
and installed without objection, and I shall not now make a 
ruling which practically' holds all his official acts to have 
been illegal and inoperative. Moreover, I am of the opinion 
that in any event, the election was legal, and that such 
election and following installation practically completed the 
business of the Encampment. If anything is to be ruled out, 
it would be all matters of business transacted after the 
election and preceding the installation of officers. I do not 
commend the action of the Encampment in this respect, but 
under the circumstances * * * * I respectfully decide that 
Brother Frank L. Greene is entitled to remain as Division 
Commander and to hold the past rank after the expiration 
of his term. 

Com.-in-Chief Bundy. Dec. XLVi., 14th, 42. 

The Division Commander has power to appoint staff officers 
from any locality within the division. 

Com.-in-Chief Rake, Dec. xxii., i6th, 35. 

If the appointment of a staff officer is revoked by the Division 
Commander, he cannot appeal to the Commander-in-Chief. 

Com.-in-Chief Hall, Dec. v., 12th, 25. 

Appointment of Chief-of-Stafl^ by Division Commander unau- 
thorized. 

Com.-in-Chief Bundy, Dec. xxxiii., 14th, 37. 



DIVISION COMMANDER. 35 

Appointment of "Special Aide-de-Camp" by Division Com- 
mander unauthorized. 

Com. -in-Chief Bundy, Dec. xxix., 14th, 36. 

A brother cannot consistently hold at the same time the office 
of Divi.sion Commander and Chaplain-in-Chief. 
Com.-in-Chief Bundy, Dec. xxxvin., 14th, 38. 

A Division Commander has no final power to remove a com- 
missioned officer of a camp. 

Com.-in-Chief Bundy, Dec. XLvm., 14th, 42. 

Cannot revoke the commission of a Captain for neglect of duty. 
He should be tried by court martial. 

Com.-in-Chief Weeks, Dec. ill., iith, 29. 

A Division Commander has no right to give password and 
countersign to a member on transfer. 

J. A. Gen Beebe, Op. xxii., 12th, 94. 

The order of a Division Commander to a Captain is final and 
conclusive until appealed from. 

Com.-in-Chief Webb, Dec. xxxiii., loth, 36. 

It is the duty of a Division Commander, when questions are 

submitted to him, to decide them. He may, if he desires, 

ask the advice of the Judge- Advocate, but he is not bound to 

follow it. 

Com.-in-Chief Webb, Dec. Lviii., loth, 44. 

It is the duty of a Division Commander to drop a camp four 
quarters in arrears. 

Com.-in-Chief Webb, Dec. XXXI., loth, 35. 

It is discretionary with the Division Commander whether he 
carry camps and leport same in his returns as in good 
standing, when he has not received from them their per capita 
tax. Such a course is often times advisable. 
Com. -in-Chief Bundy, Dec. Lxv., 14th, 48. 

The Division Commander has no authority over property of the 
State in the hands of a camp. 

Com.-in-Chief Griffin, Op. XLIX., Blue Book, 44. 

Cannot grant dispensation to camp to dispense with roll call. 
J. A. Gen. Brown, Op. Li., Blue Book, 45. 



36 DIGEST OF DECISIONS. 

See Appeals, Bonds, By-Laws, Commander-in-Chief, Camp, 
Commissions, Officer, Arrears, Courts Martial, Division 
Council, Division Encampment, Division Staff, Dispensation, 
Dues, Honorable Discharge, Judge-Advocate, Membership, 
Past Division Commander, Qiiartermaster, Ritual, Transfer, 
Commandery-in-Chief. 
Division Council — Vacancies cannot be filled by correspondence, 
but Council must convene in actual session. 
Com. -in-Chief Bundy, Dec. xvni., 14th, 31. 

The members of the Division Council are commissioned by the 
Division Commander but have no rank. 

Com. -in-Chief Webb, Dec. xxxii., loth, 36. 

The elective members of the Division Council and Camp 

Council are not commissioned officers within the meaning 

of the law. 
Com.-in-Chief Griffin, Dec. xxxiii., Blue Book; Com.-in-Chief Webb,Dec.xxxii.,ioth,36 

The Division Council has no power to increase the charter fee 
or per capita tax when fixed by the Division Encampment. 
Com -in-Chief Weeks, Dec. xiii., nth, 31. 

A vacancy in the representation of a division to the Encamp- 
ment of the Commandery-in-Chief can only be filled by the 
Division Council, which must be convened for that purpose. 
Such vacancy cannot be filled by a vote taken by question 

blanks. 

Com.-in-Chief Griffin, Op. xlviii., Blue Book, 43. 

There is no inconsistency in a member of the Order being at 

the same time a member of the Division Council and Captain 

of his camp. 

Com.-in-Chief Weeks, Dec. xv., nth, 31. 

A vote of a Division Council establishing a fee of one dollar 

for dispensations is legal. The granting of a dispensation is 

a matter of favor and not a matter of right, and the action 

of the Council was not in the nature of law making, but 

only an advisory regulation for the guidance of the Division 

Commander. 

Com.-in-Chief Weeks, Dec. xxix., iith, 35. 

See Division Encampment, Judge- Advocate, Leave of Absence, 
Per Capita Tax, Representation. 



DIVISION ENCAMPMENT. 37 

Division Encampment — "Chief of Staff" is an office not recog- 
nized by the C, R. & R., therefore such an officer has no 
vote in Division Encampment. 

Com. -in-Chief Weeks, Dec. XXXI., nth, 35. 

Sergeant Major and Qiiartermaster-Sergeant as such have no 
vote in Division Encampment. 

Com. -in-Chief Hall, Dec. xxxvi., 12th, 31. 

A Past Captain is eligible to election as a delegate to the 
Division Encampment. 

Com -in-Chief Griffin, Op. XL\'., Blue Book, 40. 

Delegates to Division Encampments cannot be represented by 
proxy. 

Com. -in-Chief Griffin, Op. xlvi.. Blue Book, 41. 

A Delegate or Past Captain cannot vote by proxy in the Division 
Encampment, nor can one delegate cast the entire vote of his 
camp if the other delegates and past captains are not present. 
Com. -in-Chief Bundy, Dec. xxxi., 14th, 36. 

A Representative declined to obey the instructions of his 
camp to vote for a particular candidate for office and is 
removed by vote of his camp, and appealed to the Division 
Encampment which sustained the appeal and seated him, 
held, that the action of the Division Encampment was legal. 
J. A. Gen. Russell, Op. xxxviii., 13th, 104. 

Representation fiom a suspended camp, whether Captain, 
Past Captain or Delegate, has no voice in the Division 
Encampment. 

Com. -in-Chief Hall, Dec. XLI., 12th, 32. 

In case of the absence from a Division Encampment of a 
staff officer without action whereby he became deprived 
of his office — there being no vacancy — no appointment could 
be made except the appointment of a brother to serve in a 
temporary capacity, and such appointee would have no vote 
or privileges by virtue of such appointment. 
Vote 1 2th Encampment, 224. 

Absence from the Division Encampment of division officers 
who are not absent from the division does not vacate their 



38 DIGEST OF DECISIONS. 

offices. The vacancies on the floor may be filled by temporary 
appointments. 

Com. -in-Chief Griffin, Op. cviii.. Blue Book, 96. 

The camp representation in tlie Division Encampment is one 
representative at large and one additional representative for 
over twenty-five members. If over seventy-five members, 
two additional delegates ; if over one hundred and twenty- 
five members, three additional delegates, and so on to the 
limit of the membership. 

Com.-in-Chief Russell, Dec. xviii., 15th, 47. 

The Division Encampment has no power to confer rank of 
Past Captain upon a brother. 

Com.-in-Chief Hall, Dec. ix., 12th, 26. 

A Past Captain holding a transfer card unexpired cannot vote 
in the Division Encampment before he deposits it in a camp. 
Com.-in-Chief Maccabe, Dec. XXIX., 13th, 26. 

No camp shall be deprived of representation in the Division 
Encampment for failure to make report to Division Chaplain 
of Memorial Day exercises. 

Com.-in-Chief Bundy, Dec. XLVi., 14th, 41. 

A Division Encampment can legally pass a resolution fixing a 
fee for commissions of camp officers. 

J. A. Gen. Russell, Op. xxxiv., 13th, 102. 

If the report of a committee was "accepted" by vote, it becomes 

the act of the Encampment as fully as if the record said 

"adopted." 

J. A. Gen. Russell, Op. xxxiv., 13th, 102. 

A ballot for division oflScers is unauthorized. Each member 
shall announce the candidate of his choice. 

Com.-in-Chief Weeks, Dec. xxxiv., nth, 35. 

Resolutions passed after the election of officers had taken place 
were not legally adopted. 

Com.-in-Chief Rake, Dec. XI., i6th, 31. 

In the nomination and election of officers the procedure 
required is governed first by the C, R. & R., and when they 
are silent by Cushing's Manual. 

Com.-in-Chief Maccabe, Dec. xxv., 13th, 26. 



DIVISION ENCAMPMENT. DISHONORABLE DISCHARGE. "^9 

The time of meeting of the Division Encampment must be 
fixed at each Annual Encampment. 

Com.-in-Chief Griffin, Op. XLVii., Blue Book, 42. 

The action of a Division Council in changing the time and 
place of the meeting of the Division Encampment, for good 
and suflScient reasons, is legal. 

Com.-in-Chief Webb, Dec. LVii., loth, 44. 

See Appeal, Division Council, Judge-Advocate, Officers, Past 
Captain, Per Capita Tax, Quartermaster. 
Division Officers — A brother must be present at the Division 
Encampment to be eligible to elective division office. 
Com.-in-Chief Webb, Dec. LXI., loth, 45. 

It is proper for division officers to wear side arms in uniformed 
divisions, although as a body the members are not equipped. 
Com.-in-Chief Webb, Dec. Lxv., loth, 46. 

A suspended member cannot hold division office with voice and 
seat in the Division Encampment. 

J. A. Gen. Brown, Op. LXi., Blue Book, 65. 

If an elective officer of the division absents himself from the 

division more than 30 days without leave of absence from the 

Commander-in-Chief, he should be so reported, and the 

Commander-in-Chief has power to declare the ofiice vacant. 

Com.-in-Chief Webb, Dec. LXVii., loth, 47. 

If a brother holding division office takes a transfer from his 
camp and deposits it in a camp of another division, the 
division office held by him is vacated. 

Com.-in-Chief Weeks, Dec. xvil., nth, 31. 

Division of Pennsylvania — See Camps. 

Division Staff — A Division Commander cannot remove any 
staff officer lor refusing to vote for his candidate for office. 
Com.-in-Chief Maccabe, Dec. XLill., 13th, 29. 

See Division Encampment. 
Disloyalty — See Courts Martial. 
Dissolution — See Transfer, Dues. 
Disbanded Camp — See Charter Member, Transfer. 
Dishonorable Discharge — See Courts Martial, Post System. 



40 DIGEST OF DECISIONS. 

Discharge — See Membership. 
Division Chaplain — See Division Encampment. 
Discipline — See Transfer. 

Dispensation — A dispensation to muster a recruit under i8 years 
of age is unauthorized. 

Com. -in-Chief Weeks, Dec. xxiii., nth, 33. 

A dropped member of a camp which has ceased to exist must 
have a dispensation from the Division Commander before he 
can again be mustered into the Order. 

J. A. Gen. Redmond, Op. i., i6th, loi. 

A Division Commander of one division can legally issue a 
dispensation to a camp of another division to muster a 
dropped member of a defunct camp formerly of his division, 
Com.-in-Chief Hall, Dec. xxxv., 12th, 31. 

The Commander-in-Chief is not authorized to issue a dispensa- 
tion granting camps permission to muster lineal descendants 
of distinguished patriots who were not in the military or 
naval service of the U. S. 

Com.-in-Chief Bundy, Dec. LVii., 14th, 46. 

A Division Commander cannot issue a dispensation for the 
installation of camp officers to occur Dec. 29th. 

Com.-in-Chief Webb, Dec. xxxiv., loth, 36. 

No dispensation is necessary to authorize the conferring of the 
Silver Cross of the Order on any Past Colonel (Commander) 
in good standing. 

Com.-in-Chief Griffin, Op. XCii., Blue Book, 85. 

See By-Laws, Commander-in-Chief, Division, Division Com- 
mander, Division Council, Inspection, Installation, Member- 
ship, Uniform. 

Dues — If members have not paid dues into treasury since the time 

of the suspension of their camp, which was six months or 

more prior to its dissolution, and are not in good standing at 

the time of dissolution, they are not entitled to transfers from 

the Division Commander, nor can he receive from them the 

amount of their back dues, in order to qualify them to receive 

transfers. 

J. A. Gen. Russell, Op. xxxvi., 13th, 103. 



DUES. ENLISTMENT. 4I 

As to conflict between decisions of Past Commander-in-Chief 
Weeks to the effect that one year's dues in addition to 
muster fee must be paid by dropped member applying for 
reinstatement, and the decision of Com. -in-Chief Maccabe 
(J. A. Gen. Op. iii.) as to eligibility of dropped members 
under 21 years of age, I would hold that no conflict appears. 
The decision of General Weeks was and is unquestionably 
sound. A dropped member is one who is one year in arrears 
for dues. In being reinstated under Section 4, Article IV, 
Chapter V, as provided by Sections 1-7, Article II, Chapter II, 
he must pay the amount of his debt to the camp in addition 
to the regular muster fee, the C, R. & R. wisely providing 
that his old camp is the only one that can reinstate him, if it 
still be in existence. The term "dropped member" is clearly 
a "misnomer." It distinguishes one who has at some time 
been connected with the Order from one who has never been 
a member, implying nothing as to actual present status in 
reference to the Order, except the one point that he must pay 
the amount of his debt to the camp, otherwise coming into 
the Order as a new member. The decision of Com. -in-Chief 
Maccabe referred to was not expected to cover this point. 
It was only as to the eligibility of "dropped members" under 
21 years of age to be reinstated before attaining the new 
required age of 21 (now changed to iS. — E. K. G.,) even 
though they complied with all other requirements of the 
C, R. & R., regarding reinstatement. 

J. A. Gen. Russell, Op. xvii., 13th, 95. 

Dropped from the Rolls — See Membership, Post System. 
Dues — See Membership, By-Laws, Captain, Camp. 
Due Form — See Ritual. 

Election — Election of camp officers not legal unless notice of same 
be given by First Sergeant. 

Com.-in-Chief Bundy, Dec. xxviii., 14th, 35. 

See Camp Office, Camp, Division Encampment. 
Eligibility — See Membership. 
Enlistment — See Membership. 



42 DIGEST OF DECISIONS. 

Encampment — An officer who fails to make reports within speci- 
fied time shall have his name omitted from roll of the 
Encampment. 

Com -in-Chief Russell, Dec. ix., 15th, 43. 

See Reports, Division, Grand Army of the Republic. 

Engineer Corps, United States — See Membership — Eligibility, 
Army and Navy. 

Equity — See Bond. 

Erasures — See Honorable Discharge. 

Evidence — See Courts Martial. 

Pees — See By-Laws, Camp, Charter, Division Encampment, 
Transfer. 

First Sergeant — See Transfer Card. 

Fine — See Courts Martial. 

Finding and Sentence — See Courts Martial — Charges and Speci- 
fications. 

Flag — See Camp. 

Flag Salute — Camps use the cap salute only for the flag. 
Com.-in-Chief Rake, Dec. xvni., i6th, 33. 

Funds, Flags, Furniture — See Property of Camp. 
General Orders — See Camp. 
Grandson — See Membership — Eligibility. 
Great-Grandson — See Membership — Eligibility. 
Grand Army of the Republic — Members ot the G. A. R. are 
not entitled to honorary membership. 

Com.-in-Chief Griffin, Op. XCIX., Blue Book, 92. 

Officers and members of the G. A. R. have no vote in the 
camps or encampments of the Sons of Veterans. 
Com.-in-Chief Griffin, Op. XCViii., Blue Book, 92. 

Comrades or officers of the G. A. R. have no jurisdiction or 
authority over the Sons of Veterans. 

Com -in-Chief Griffin, Op. xciv., Blue Book, 91. 

Grip — See Courts Martial. 

G. A. R. Comrade — See Past Provisional Colonel. 

Guilt — See Courts Martial. 

Hearsay Evidence — See Courts Martial. 



HONORABLE DISCHARGE. IMMATERIAL EVIDENCE. 43 

Honorable Discharge — A thief is not entitled to an honorable 
discharge who has gained admission to tlie Order before his 
crime became known. He must be dropped from the rolls. 
J. A. Gen. Russell, Op. xin., 13th, 95. 

An honorable discharge granted an ineligible member is void. 
Com. in-Chief Hall, Dec. XLI., I2th, 32. 

Officers of camps have no authority to make erasures or 
additions to the regular printed form of honorable discharge. 
A brother receiving such is entitled to another, and if a camp 
issuing same is not in existence, the Division Commander 
shall issue one. 

Com. -in-Chief Bundy, Dec. xvi., 14th, 31. 

The words "For the good of the Order" added to an honorable 
discharge is such an alteration of the printed form as to 
entitle the holder to receive another without such addition. 
Com. -in-Chief Bundy, Dec. xvi., 14th, 31. 

Members who have been granted honorable discharges may be 
received again by simply being reobligated, after application 
for and election to membership. 

Com. -in-Chief Bundy, Dec. xvii., 14th, 31. 

An honorably discharged member who again joins the Order 
does not regain his past rank. 

Com.-in-Chief Griffin, Op. xxxv.. Blue Book, 23. 

See Camp, Membership, Obligation, Past Division Commander, 
Past Captain, Ritual, Transfer. 

Honorary Members — The admission of same not authorized or 
encouraged. 

Com.-in-Chief Rake, Dec. 11., i6th, 28. 

See Grand Army of the Republic. 

Hospital Nurse — See Membership. 
Ignorance of Law — See Camp. 
Illegitimate Son — See Membership. 
Imposters — See Membership. 
Immaterial Evidence — See Courts Martial. 



44 DIGEST OF DECISIONS. 

Inspection — The Commander-in-Chief cannot grant a dispensation 
permitting the annual inspection to be made earlier than the 
time fixed by the Constitution. 

Com.-in-Chief Griffin, Op , Lix., Blue Book, 68. 

See Swords. 
Installation — Officers-elect failing to be installed at first regular 
meeting in January, may, if they present themselves at a 
subsequent meeting with a valid excuse and within a reason- 
able time, be installed by somebody duly authorized by the 
Division Commander. 

Com.-in-Chief Bundy, Dec. xv., 14th, 30. 

Section I, Article IX, page 62, C, R. & R., which provides 
for public installations, does not apply alone to first regular 
meeting in January, but to date fixed by the dispensation 
issvied by the Division Commander. 

Com. in-Chief Bundy, Dec. xv., 14th, 30. 

A Captain can install a stafi officer without a commission as 
Installing Officer. 

Com.-in-Chief Bundy, Dec. xv., 14th, 30. 

See Camp Office, Dispensation, Officer. 
Installing Officer — See Installation. 

Insignia — An officer of the Order is not entitled to wear any other 
insignia of rank than that provided by the C, R. & R. 

Com.-in-Chief Weeks, Dec. xxiv., nth, ;i^. 

Officers ot S. of V. regiments are not entitled to wear the 
miniature rank strap provided in the C, R. & R. 

Com.-in-Chief Griffin, Op. xci., Blue Book, 83. 

Investigating Committee — See Membership. 

Iron Cross — See Past Captain. 

Judge-Advocate-General — Can only advise the Commander-in- 
Chief, the Commandery- in-Chief, and Council-in-Chief, and 
all others who desire his opinion must apply therefor through 
regular channels. 

Com.-in-Chief Webb, Dec. viii., loth, 30. 

Judge-Advocate — Cannot give any official decisions in the 
division. He is the legal adviser of the Division Commander, 



JUDGE ADVOCATE. MAJORITY VOTE. 45 

Division Council, and Division Encampment when in 

session. 

Com. -in-Chief Webb, Dec. LViii., loth, 44. 

See Camp, Courts Martial, Division Commander. 
Jurisdiction — See Courts Martial, Membership, Transfer. 
Junior Vice Commander — See Division. 
Last Known Place of Residence — See Courts Martial. 
Leave of Absence — A Captain cannot use his discretion in 
granting leave of absence to a brother. It must be granted 
on application. 

Com. -in-Chief Hall, Dec. vii., i2th, 25. 

An officer of a camp absent from same for thirty days without 
a leave of absence from proper authority, should be suspended 
by the Division Commander. 

Com. -in-Chief Webb, Dec. XXX., loth, 35. 

Absence of Lieutenant Colonel (Senior Vice Commander) 
from division thirty days without authority from Commander- 
in-Chief vacates office. 

Com. -in-Chief Griffin, Op. cvii., Blue Book, 95. 

A member of the Division Council is not entitled to participate 
in the business of his division while oft' duty on leave 
of absence. 

J. A. Gen. Redmond, Op. v., i6th, loi. 

See Division Officer, Courts Martial. 
Lieutenant — The First or Second Lieutenant can perform the 
duties of Captain, during his absence. 

Com.-in-Chief Webb, Dec. XL., loth, 38. 

See Camp, Captain. 
Lineal Descendant — See Membership. 
Loaned — See Camp. 
Loyalty — See Membership. 

Masonic Laws — Are not recognized as authority in the Sons 
of Veterans. 

Com.in-Chief Griffin, Op. LXXIII., Blue Book 70. 

Malice — See Courts Martial. 

Male Descendant — See Membership. 

Majority Vote — See Camp Office. 



46 DIGEST OF DECISIONS. 

Membership — Applications for membership cannot be received at 

a special meeting. 

Com.-in-Chief Griffin, Op. xxiii., Blue Book, 20. 

Application for membership need not be completely filled when 
received and referred. The committee may fill blanks that 
are lacking. All principal blanks should be filled before the 
application is presented to the camp. 

Com.-in-Chief Bundy, Dec. xv., 14th, 31. 

Action on application must be at a regular meeting of a camp 
unless a dispensation is secured from the Division Comman- 
der for a special meeting for that purpose. 

Com.-in-Chief Hall, Dec. xxxiv., 12th, 31. 

The term "stated meeting" is held to be a regular meeting, or 
the meeting fixed by or stated in the camp by-laws. 
Com.-in-Chief Griffin, Op. xxiii., Blue Book, 20. 

The words " subsequent meeting " when used in connection 

with action upon application for membership, means a 

regular meeting following the one at which the application 

was received. 

Com.-in-Chief Hall. Dec XXXIV., 12th, 31. 

An applicant whose father enlisted under an assumed name, 

should sign his own name, give father's correct name, and 

alias, with explanation and satisfactory evidence that applicant 

is his son. 

Com.-in-Chief Russell, Dec. xv., 15th, 45. 

A member holding a transfer card, again applying for member- 
ship, should make the application on the regular form and it 
should accompany the card. 

Com.-in-Chief Webb, Dec. XLV., loth, 40. 

One general application for membership is sufficient for the 

three degrees. 

Com.-in-Chief Bundy, Dec. xiv., 14th, 29. 

One who has taken the first and second degrees but has not 
been promoted to the degree of Loyalty, cannot be counted 
as a member in the quarterly reports, cannot hold office, or 
be present in the camp room, except for muster work in the 
degree or degrees he has already taken. 

Com. in-Chief Bundy, Dec. xiv., 14th, 30. 



MEMBERSHIP. 47 

If three black balls out of two ballots appeared, the candidates 
would be rejected, and a contrary decision by the Captain 
would be null and void. 

Com.-in-Chief Hall, Dec. xuii., 12th, 33. 

The name of a rejected applicant should not be published in 

Orders. 

J. A. Gen. Beebe, Op. xi., 12th, 89. 

I. Eligibility to Membership. 

Applicant must be of the full age required by the Constitution. 
Com.-in-Chief Griffin, Op. v., Blue Book, 10. 

Certificate of membership in G. A. R. sufficient to prove 
honorable discharge of father. 

Com.-in-Chief Hall, Dec. vi., 12th, 25. 

Words "male descendant" as used in the eligibility clause of the 
C, R. & R., was meant to include a son, grandson, or other 
descendant to the remotest degree. 

J. A. Gen. Beebe, Op. I., 12th, 88. 

Proof of ancestor's membership in the G. A. R. is sufficient to 
establish eligibility of son or descendant. 

Com.-in-Chief Weeks, Dec. xvi., nth, 31. 

Son of a daughter of a veteran eligible. 

J. A. Gen. Beebe, Op. i., 12th, 88. 

Grandson or great-grandson of a veteran eligible. 

Com.-in-Chief Bundy, Dec. xxiv., 14th, 34. 

Grandson is eligible to membership although his father has 

never joined the Order. 

Com.-in-Chief Weeks, Dec. xxiv., nth, 34. 

Step-son is not eligible. 
Com.-in-Chief Russell, Dec. iv., 15th, 41 ; Com.-in-Chief Griffin, Op. iv.. Blue Book, 10. 

Son of a cashiered soldier is not eligible. 

Com.-in-Chief Griffin, Op. viii., Blue Book, li. 

Son of a deserter is not eligible. 

Com.-in-Chief Griffin, Op. ix.. Blue Book, 11. 

Adopted son of a veteran, if adopted by the veteran, is not 
eligible. 

Com.-in-Chief Webb, Dec. lx., loth, 45. 



48 DIGEST OF DECISIONS. 

Illegitimate son is eligible if in all other respects worthy, and it 
is clearly established that he is the son of a veteran. 
Com. -in-Chief Webb, Dec. lix., loth, 44. 

A person convicted of burglary not eligible. 

Com. -in-Chief Webb, Dec. XLii., loth, 38. 

Son of an hospital nurse not eligible. 

Com. -in-Chief Webb, Dec. iv., loth, 29. 

Son of a " Contract Surgeon " not eligible. 
Com.-in-Chief Hall, Dec. XL, 12th, 26. 

A person convicted of stealing and who has served a term 
in the penitentiary not eligible. 

J. A. Gen. Russell, Op. xiil., 13th, 94. 

Grandson of Parson Brownlow not eligible. 

Com.-in-Chief Bundy, Dec. Lvn., 14th, 46. 

Son of a member of the U. S. Engineer Corps eligible. 
Com.-in Chief Russell, Dec. xx., 15th, 48. 

The statement of an applicant " that his father ' enlisted ' in 
April, 1862, during the late Rebellion, and was discharged 
in May, 1864, by reason of ' the close of the Rebellion,' and 
that he had charge of a construction train, is not satisfactory 
proof." 

Com.-in-Chief Bundy, Dec. x., 14th, 26. 

A man was conscripted into the Confederate Army, but his 
sympathies being entirely with the Union he deserted at the 
first opportunity, joined the Union army, was honorably dis- 
charged, and his widow now receives a pension, held^ that 
his son is eligible. 

Com.-in-Chief Bundy, Dec. xii., 14th, 28. 

A Surgeon, who was sent by the Surgeon-General of Massa- 
chusetts with twelve others to the battlefield of Chantilly, 
received subsistence from the Government and rendered valu- 
able aid to the wounded, but who was never mustered into 
the service, his son is not eligible. 

J. A. Gen. Oglesbee, Op. vi., 15th, 106. 

Adopted son, when adopted by a veteran, not eligible, and i^ 
mustered by mistake should be dropped from the rolls by 



MEMBERSHIP. 49 

order of the Captain, which order should be spread upon 
the minutes, and the party notified thereof, that he may 
appeal to the Division Commander, should he so desire. The 
quarterly report should contain his name as dropped for ineli- 
gibility to membership. 

Com. -in-Chief Webb, Dec. xxxvi., loth, 37. 

A son of a soldier, who is now an adopted son and whose 

name has been changed by the legislature, is eligible, and 

should apply in adopted name, stating the facts as they exist, 

in the application. 

Com.-in-Chief Webb, Dec. i., loth, 28. 

The descendant of a soldier whose record shows desertion, 
wiiich record has since been officially cleared under Act 
of Congress, approved March 2, 1S89, ^^ eligible. 
J. A. Gen. Russell, Op. xxvii., 13th, 97. 

A veteran is carried on the rolls of his State as a deserter, but 
his son ofi'ers proof that he died in an army hospital, held^ 
that he is not eligible until he has tlie State record corrected. 
Com.-in-Chief Weeks, Dec. vi., nth, 29. 

A soldier enlisted under his mother's maiden name, and was 

honorably discharged under that name, held, that his son is 

eligible. 

Com.-in-Chief Webb, Dec. Lxxvni., loth, 50. 

A citizen enlisted to serve in the Union Armv, but died before 
his company was mustered into the service, held^ that his 
son is not eligible. 

Com.-in-Chief Webb, Dec. xxxv., loth, 36. 

A discharge reads, "Chief Quartermaster's Office. Johnsville, 
Tenn., August 22, 1864, Francis H. Bates, carpenter, is this 
day honorably discharged from the Q_. M. Dept., on account 
of disability." Held, not to be such a discharge as is con- 
templated bv the eligibility clause of our Order. Son not 

eligible. 

J. A. Gen. Weeks, Op. v., loth, 103. 

Affidavits of a third person that father was a veteran and was 
honorably discharged, is not satisfactory evidence of father's 

service. 

Com.-in-Chief Rake, Dec. xiv., i6th, 32. 



5© DIGEST OF DECISIONS. 

Father's service in "Unattached Cavah'y, Penna.," does not 
quality son for membership. 

Com.-in-Chief Rake, Dec. v., i6th, 29. 

The father's service in the "District Army of Squirrel Hunters," 
does not qualify the son for memliership. 
Com.-in-Chief Griffin, Blue Book, 12. 

When State troops served in the Union Army under United State^ 
officers, and were paid by the United States for their services, 
and the father's discharge was si<^ned by the Adjutant-General 
of the State of Ohio and Major Malcom McDowell, of the 
United States Armv then serving upon the staff of General 
Lew Wallace, it was held to be a discharge within the mean- 
ing of our C, R. & R., and the sons are eligible to 
membership. 

Com. in-Chief Webb, Dec. " McCnllis Case," loth, 17. 

Service in the State militia by the father of the applicant does 
not make son eligible. 

J. A. Gen. Harrington, Op. vi., 14th, 118. 

If troops, whether State militia or otherwise, were duly 
mustered into the service of the United States Government, 
served therein and were honorably discharged from such 
service bv the United States Governmf^nt, then sons are 
eligible, otherwise tiiev are not. 

Com.-in-Chief Griffin, Op. n., Blue Book, 13. 

A father's service on the United States military railroads is not 
sufficient to entitle the son to membership. 

Com.-in-Chief Griffin, Op. xii.. Blue Book, 13. 

A father's service as "citizen wagon-master" is not such as 
will qualify the son for membership. 

Com.-in-Chief Griffin, Op. xni., Blue Book, 14. 

Father's membership in United States Christian Commission is 
not sufficient to entitle son to membership. 

Com.-in-Chief Griffin, Op. xiv.. Blue Book, 14. 

Father's membership in the Indiana Sanitary Commission does 
not qualify the son for membership. 

Com.-in-Chief Griffin, Op. xv , Blue Book, 14. 



MEMBERSHIP. 51 

Father's service in the War of 181 2 does not qualify son for 
membership. 

Com. -in-Chief Griffin, Op. xvi., Blue Book, 16. 

The son of one who has borne arms ag^ainst the United States 
is ineligible, notwithstanding the subsequent loyal service 
of his father. 

Com.-in-Chief Griffin, Op. XIX. and XX., Blue Book, 17. 

See United States service. 

II. Dropped Members.* 

Dropped members must pa}- one year's dues in addition to 

muster fee. 

Com.-in-Chief Weeks, Dec. xvi., nth, 31. 

Dues of dropped member stop when he is dropped. 
J. A. Gen. Brown, Op. LXV., Blue Book, 66. 

A dropped member can only be reinstated as provided in the 
C, R. & R. 

J. A. Gen. Brown, Op. LXV., Blue Book, 66. 

Reinstatement of a dropped member must be de novo. 
J. A. Gen. Brown, Op. LXiv., Blue Book, 66. 

A dropped member can oidy be legallv reinstated upon pay- 
ment of one year's dues to the camp which dropped him, and 



*NoTE. - On the question of reinstatement of dropped members, Commander-in- 
Chief Darling, in a letter to one of the Division Commanders, gives the following 
comprehensive review of former decisions bearing upon this point : 

In consideration of the provision of C, R. & R., it appears : ist. That a dropped 
member of an existing camp must pay one year's dues, together with the stipulated 
muster fee, to be accompanied by an application for membership in which he states he 
has been dropped. If he is accepted he may be duly mustered. 2d. That a dropped 
member of a camp which has ceased to exist, no camp being in existence to receive 
his arrearages (one year's dues), to re-enter the Order, either obtains a dispensation 
authorizing a camp to receive his application and re-muster him, paying the special 
fee of $2.00 therefor, or to remove the disabilities that make him ineligible and clear 
up his record with the Order, and thus be enabled, should he desire, to re-enter the 
Order again, may obtain an honorable discharge upon payment of the same fee, $2.00. 

The whole matter leads to the conclusion that a dropped member has no standing 
nor legal right to re-enter the Order under any other conditions than are provided for 
by the Constitution, Rules and Regulations. 



52 DIGEST OF DECISIONS. 

then he must first present his application for membership. 
This is mandatory. 

Com. -in-Chief Bundy, Dec. xvii., 14th, 31. 

A member who is one year in arrears in the payment of his 
dues, can lawfully be and should be dropped, regardless of 
the fact that he had never been previously suspended. 
J. A. Gen. Beebe, Op. xiv., 92. 

The presumptions are in favor of the regularity of the proceed- 
ings of a camp in dropping a member. 

Com.-in-Chief Webb, Dec. i., loth, 28. 

If a camp has acted irregularly or illegally in dropping a 
member, it may undo its action on reconsideration, and the 
matter must first be presented to the camp before any higher 
authority can act. 

- Com.-in-Chief Webb, Dec. i., loth, 28. 

Officers who muster a dropped member after notice that he is 
such and has not paid the required one year's back dues to 
the camp that dropped him are subject to court martial. 
Com.-in-Chief Bundy, Dec. L., 14th, 43. 

The name of a person dropped because ineligible to member- 
ship, should not be entered on the Black Book, nor should 
the proceedings in the case be made public. 
Com.-in-Chief Webb, Dec. xxxvi., loth, 37. 

A dropped member of a disbanded camp may re-enter the 
Order under dispensation as provided in Chapter V, Section 4, 
C.,R. & R. 

Com.-in-Chief Bundy, Dec. L., 14th, 43. 

A dropped member ceases to be a member of the Order, and 
the camp loses all authority over him and he owes it no 

allegiance. 

J. A. Gen. Beebe, Op. xiii., 12th, 91. 

When a member is dropped from the rolls because ineligible, 
all the record necessary would be the order of the Captain or 
Division Commander spread upon the minutes of the camp, 
and then a notice given to the party, so that he might appeal 
if he so desires. 

J. A. Gen. Russell, Op. xxv., 13th, 97. 



MEMBERSHIP. 



53 



The name of a member dropped because ineligible should not 
be published in orders. 

J. A. Gen. Russell, Op. xxv., 13th, 97. 

A dropped member must pay one year's dues to the camp that 
dropped him before he can be reinstated. 

Com. -in-Chief Maccabe, Dec. in., 13th, 21. 

A dropped member cannot be mustered by another camp until 
he pays one year's back dues to the camp that dropped him. 
Com. -in-Chief Bundy, Dec. L., 14th, 43. 

An imposter who represents himself to be a son of a veteran, 
and thereby gains admission to the Order, may be dropped 
from the rolls without trial and sentence by court martial. 
J. A. Gen. Harrington, Op. xiv , 14th, 121. 

See By-Laws, Camp, Dispensation, Dues, Past Rank, Ritual. 

III. Suspended Members. 

A vote of a camp is not necessary to suspend a member. 
J. A. Gen. Weeks, Op. xxx., nth, 43. 

The distinction between a suspended member and a dropped 
member lies in the fact that suspension is a temporary matter 
and a brother while suspended is still a member of the Order, 
and when a metTiber is dropped he ceases to be a member 
of the Order. 

Com.-in-Chief Webb, Lxxix., loth, 50. 

A suspended member does not cease to be a member of the 
Order. He is merely precluded from participation in its 
affairs, cannot hold office, attend meetings of his camp, but 
the camp still has jurisdiction over him. 

J. A. Gen. Beebe, Op. xni., 12th, 91. 

A suspended member tnay be reinstated by payment of back 
dues. 

Com.-in-Chief Bundy, Dec. LXiv., 14th, 47. 

Both the camp and the division must pay back tax on a 
suspended member who is afterwards reinstated, 
Com.-in-Chief Bundy, Dec. lxvi., 14th, 48. 



54 DIGEST OF DECISIONS. 

No ceremony is provided for reinstating a suspended member. 
The Qiiartermaster- Sergeant siiould report to the Captain the 
payment of dues, and he may properly (hrect that the member 
be reported as reinstated from suspension. 

J. A. Gen. Brown, Op. LXiii., Blue Book, 66. 

A member whose dues are paid to January ist has a right to 
vote at an election held April 15 following, not being six 
months in arrears. 

Com. -in-Chief Griffin, Op. xxxiv., Blue Book, 33. 

A brother cannot be a member of more than one camp at the 

same time. 

J. A. Gen. Weeks, Op. xxvii., loth, 108. 

A man can be a resident of one State and hold membership in a 
camp in another State, but he cannot be a member of more 
than one camp. 

Com. -in-Chief Weeks, Dec. vii., nth, 30. 

See Cam]:). Courts Martial, Dues, Division Commander, Obliga- 
tion, Office, Regulation Badge, Transfer Card. 

Memorial Day — Its observance is not obligatory on the Sons 
of Veterans. 

Com. -in-Chief Griffin, Op. cix.. Blue Book, 97. 

Meetings — See Membeiship. 

Medical Department — See Army and Navy, Insignia of Rank, 

Ritual. 
Motto — A motto may be adopted by a division if it so desires. 
Com. -in-Chief 1 undy, Dec. XLIX., 14th, 43. 

Motion to Adjourn — See Camp. 

Muster — See Membership — Dropped, Ritual, Special Meeting, 

Transfer. 
Muster Fee — See By-Laws, Membership. 
Name — See Camp. 

National Reveille — Is not now the official paper of the Order. 
J. A. Gen. Weeks, Op. xu., loth, 105. 

New Trial — See Courts Martial. 

Nominations — Of camp officers not now required Ity C, R. & R. 
Com. -in-Chief Bundy, Dec. xxvu., 14th, 35. 



NOTICE TO ACCUSED. PAST CAPTAIN. 55 

Notice to Accused — See Courts Martial. 
Number — See Camp. 

Obligation — The obligation taken by a camp officer is a higher 
and greater law than the general rules of the Order. 
Com.-in-Chief Webb, Dec. LV., loth, 43. 

It is not necessary to reobligate members reinstated from 
suspension or joining by transfer card. 

Com.-in-Chief Bundy, Dec. xxv., 14th, 34. 

A member who has received an honorable discharge and is 
readmitted to membership must be reobligated. 
Com.-in-Chief Bundy, Dec. xxv., 14th, 34. 

See Courts Martial, Ritual, Transfer. 

Obligator — See Bonds. 

Office — Any member in good standing is eligible to any office in 
the Order. 

Com.-in-Chief Maccabe. Dec. xxv., 13th, 25. 

Promotion vacates previous rank and office. Two elective and 
commissioned offices cannot be held by a member at the same 
time. 

Com.-in-Chief Griffin, Op. XXX., Blue Book, 27. 

Honorably discharged veterans are not eligible to office in this 

Order. 

Com.-in-Chief Rake, Dec. iv., i6th, 29. 

See Insignia. 

Officers-Elect — See Installation, Camp. 

Official Decisions — See Camp. 

Ogden. Utah — See Camp. 

Opinion — See Judge-Advocate-General, Judge-Advocate. 

Orders — See Courts Martial, Membership, Division Commander. 

Order of Business — See Camp, Captain. 

Ordnance Department — See Army and Navy. 

Past Captain — A Division Encampment cannot confer rank 
of Past Captain upon a brotiner rejoining who has held that 
rank, but has lost it 1)\ being dropped, or honorabl}' discharged, 
or transferred, and has permitted the transfer to expire. 
J. A. Gen. Russell, Op. xxix., 13th, 98. 



c6 DIGEST OF DECISIONS. 

A Captain elected in August and serving to the close of the 
year is entitled to a seat in the Division Encampment. 
Com.-in-Chief Bundy, Dec. xxn., 14th, 33. 

A brother who was elected Captain of his camp in August, and 
served until the close of the year, is entitled to the Iron Cross. 
Com.-in-Chief Bundy, Dec. xxn., 14th, 33. 

A Past Captain who permits himself to be dropped and again 
becomes a member of the Order, does nut regain his past 

rank. 

J. A. Gen. Russell, Op. v., 13th, 92. 

A Past Captain who takes a transfer card, which in time 
becomes an honorable discharge, and afterwards joins another 
camp, is not entitled to his past honors. 

Com -in-Chief Bundy, Dec. xuv., 14th, 40. 

A Past Captain of a camp disbanded in June, 1S94, and never 

reinstated, is given a transfer card by the Division Commander 

in February, 1897, and immediately deposited it in another 

camp, under these circumstances he does not regain his rank 

as Past Captain. 

Com.-in-Chief Rake, Dec. ix., i6th, 31. 

Past Captain of a disbanded camp entitled to transfer card if in 
good standing. 

Com.-in-Chief Griffin, Op. XLi., Blue Book, 39. 

A Past Captain who has been honorably discharged does not 
regain his past rank on re-muster. 

Com.-in-Chief Maccabe, Dec. xxvin., 13th, 26. 

Suspension of a Past Captain does not carry with it loss of past 
rank, and upon reinstatement a Past Captain will be entitled 
to all the privileges of past rank. 

Com.-in-Chief Webb, Dec. xiv., loth, 31. 

A Past Captain can only lose his past rank by court martial 

proceedings, or ceasing to be a member of the Older. The 

fact that his camp is several quarters in arrears does not 

affect his pnst rank. 

Com.-in-Chief Webb, Dec. XXXl., loth, 35. 

See Division Encampment, Delegate, Past Officers, Past Rank, 
Transfer Card. 



PAST DIVISION COMMANDER. PAST OFFICERS. 57 

Past Division Commander — A Past Colonel or Past Division 
Commander who has served a full term, which term was less 
than one year, is entitled to past honors. 

Com. -in-Chief Weeks, Dec. XXI v., nth, ^;^. 

A Past Colonel has a right to vote in the Commandery-in-Chief 
so long as he is in good standing in the Order. 
Com. -in-Chief Griffin, Op. Liv., Blue Book, 51. 

A Past Colonel suspended retains his past rank after reinstate- 
ment. 

J. A. Gen Brown, Op. LXII., Blue Book, 66. 

A Past Division Commander honorably discharged does not 
regain his past rank on re-muster. 

Com.-in-Chief Maccabe, Dec. xxviii., 13th, 26. 

See Past Officers. 
Past Provisional Colonel — A comrade of the G. A. R. who is 
not a son of a veteran, but who served as Provisional Colonel 
of a division, is not nor can he be a member of this Order 
unless made a constitutional life member by the Commandery- 
in-Chief. 

Com.-in-Chief Webb, Dec. xxiv., loth, ;^;^. 

A Past Provisional Colonel is not entitled to rank and vote 
of Past Colonel. 

Com.-in-Chief Griffin, Blue Book, 38. 

Past Division Officer — See Courts Martial. 

Past Department Commanders — See Past Post Commanders. 

Past Post Commander — A Past Commander of the Post S\stem, 
S. of V , both of the post and department, is not entitled 
to vote on past rank if mustered into this branch since 
Dec. 31, 1890. 

Com.-in-Chief Russell, Dec. xiv., 15th, 45. 

Past Officers — All Past Camp and Division Officers are entitled 
to past rank and votes as past officers, without regard to the 
fact of their having removed to another division than that in 
which they obtained past rank. 

J. A. Gen. Weeks, Op. xiv., loth, 105. 

Under resolution of the Ninth Annual Meeting of the Com- 
mandery-in-Chief, a past officer who does not come into our 



c;8 DIGEST OF DECISIONS. 

Order with his post, under articles of consolidation, is not 
entitled to past honors. 

Com. -in-Chief Webb, Dec. Xix., loth, 32. 

Past Rank — A commissioned officer is not deprived of past rank 
by failure to make reports within specified time. 
Com. -in-Chief Russell, Dec. IX., 15th, 43. 

See Reports, Past Provisional Colonel, Past Captain, Past 
Division Commander, Transfer Card. 

Password and Countersign- -In sole custody of the Captain. 
He may order any officer or brother at a meeting of camp to 
communicate the same to any qualified person. 
J. A. Gen. Brown, Op. CU., Blue Book, 93. 

After expiration of time for which dues are paid a visiting 
brother cannot receive password and countersign from the 
Captain of any other than his own camp, although lie may 
not be six months in arrears. 

Com.-in-Chief Maccabe, Dec. XLV., 13th, 30. 

Any commanding officer of a camp may communicate pass- 
word and countersign when a brother presents an order on 
the back of his receipt for dues for the same, signed by the 
officers of his camp, provided^ that lie is properly identified, 
and it is within the period for which the receipt shows the 
dues to have been paid. 

Com.-in-Chief Maccabe, Dec. I., 13th, 20. 

If all present have given semi-annual password and countersign 
in Lovalty degree, that is sufficient without taking password 

of each degree. 

Com.-in-Chief Bundy, Dec. xiv., 14th, 30. 

See Division Commander, Transfer Card. 

Pay Department — See Army and Navy. 

Parson Brownlow — See Membership — Eligibility. 

Per Capita Tax — A Division Encampment held April 2S-30, 1S96, 
increased the per capita tax from 50 cents to 60 cents, held^ 
that camps must pay increased tax for quarter in which 
encampment was held, viz. : June 30, 1896. 
Com.-in-Chief Russell, Dec. xxvn., 15th, 51, 



PER CAPITA TAX. qUARTERMASTER GENERAL 59 

Camp must pay for quarter in wliich member was mustered. 
Com.-in-Chief Russell, Dec. xxi., 15th, 48. 

The Constitution does not recognize any fractional quarter. 
A recruit mustered the first day of the quarter, or the last 
day of the quarter, the camp must pay tax on him in each 
instance for that quarter. 

J. A. Gen. Shaw Van, Op. xvn., nth, 41. 

Camps must pay back tax on reinstated members, covering 
period of suspension. 

Com.-in-Chief Bundy, Dec. Liv., 14th, 44. 
Neither the Division Council nor the Division Encampment 
has power to remit the per capita tax due from any camp. 
Com.-in-Chief Maccabe, Dec. xxv., 13th, 25. 

See Camp, Council-in-Chief, Division Commander, Division 
Council. 
Pennsylvania Division — When a new charter was o-ranted the 
Pennsylvania Division in 1S8S, after the consolidation of the 
Eastern and Western Divisions, all agreements made prior to 
that time, not mentioned in the C, R & R. or the Division 
By-Laws, were done away with and are of no force and 
eflect. 

J. A. Gen. Redmond, Op. vi., i6th, 102. 

Penitentiary — See Courts Martial — Notice to Accused. 

Post Sysi em — A member of a camp who was suspended, dropped, 
or dishonorably discharged from the camp and afterwards 
joined a post cannot be permitted to join the Camp System 
with his post. 

Com. in-Chief Webb, Dec. xxvi, loth, 34. 

See Camp, Charter, Past Post Commander. 
Powers — See Commandery-in-Chief. 
Proxy — See Delegate, Division Encampment. 
Principal — See Bonds. 
Property of Camp — See Camp. 
"Public Manner" — See Courts Martial — Charge. 
Quartermaster-Genekal — The rank of Assistant Qiiartermaster- 

General is that of Colonel as per U. S. Army Regulations. 
Com.-in-Chief Hall, Dec. XXiii., 12th, 29. 

See Bonds, 



6o DIGEST OF DECISIONS. 

Quartermaster — A Qiiartermaster elected by the Division 
Encampir.ent is commissioned by the Division Commander. 
This commission cannot be revoked at the pleasure of the 
Division Commander, as in the case of other staft' officers. 
Com. -in-Chief Bundy, Dec. xxxii., 14th, 37. 

When the Qiiartermaster is elected for a term of years and his 
headquarters fixed by the Division Encampment, the Division 
Commander has no right to remove from said headquarters 
books, papers, blanks, etc., belonging to that department, so 
long as the Qiiartermaster is not under discipline. 
Com. -in-Chief Rake, xxii., i6th, 35. 

A brother cannot hold the office of Qj.iartermaster of a division 
and Camp Captain at the same time. 

Com. -in-Chief Bundy, Dec. xxxix., 14th, 39. 

Quartermaster-Sergeant — A Qiiartermaster-Sergeant's bond in 

a less sum than $100 is not a good and sufficient bond. 

Com. -in-Chief Hall, Dec. XLii , 1 2th, 32. 

See Camp, Division Encampment, Membership — Suspended. 

Quarterly Report — See Membership. 

Quorum — See Courts Martial. 

Rank — See Camp Council. 

Rebellion — See Camp — Suspended. 

Recruit — See Special Meeting. 

Relief Committee — Must be made up as C, R. & R. provides. 

Camp or Division By-Laws conflicting with the C, R. & R. 

in this or other respects invalid. 

Com. -in-Chief Grififin, Op. xxxv.. Blue Book, 34. 

See Ritual. 

Review — See Appeal. 
Record — See Courts Martial. 
Residence — See Membership. 
Resignation — See Camp Officers. 

Regulation Badge — Member not entitled to admission to his 
camp unless wearing regulation badge. 

Com.-in-Chief Russell, Dec. xxv., 15th, 49. 



REGULATION BADGE. RESOLUTIONS. 6 1 

Member cannot vote or transact business in his camp unless 
clothed in regulation badge. This is mandatory. 
Com. -in-Chief Russell, Dec. xxv., 15th, 50. 

See Badges. 

Regulation Uniform — The section of the C, R. & R. authorizing 

use of the uniform of the United States Armv is permissory 

only. 

J. A. Gen. Oglesbee, Op. iii., 105. 

The " regulation uniform of the United States Army " is held 
to include shoulder straps, shoulder knots, and all the 
paraphernalia and regalia incident thereto. 
J. A. Gen. Oglesbee, Op. iii., 15th, 105. 

Regular Meeting — See Membership, Camp. 

Reports — Camps should send reports to the Division vSurgeon on 
or before Dec. 30. 

Com -in-Chief Russell, Dec. v., 15th, 41. 

Failure to make reports within specifietl time deprives a com- 
missioned officer of seat in Encamptnent, Division or National, 
notwithstanding that such officer holds past rank whicii 
ordinarily entitles him to a seat. 

Com. -in-Chief Russell, Dec. ix., 15th, 43. 

See Encampment, Camp — Suspended. Commandery-in-Chief. 

Report of Memorial Day Exercises — See Division Encamp- 
ment. 

Representation — vSee Commanderv-in-Ciiief, Courts Martial, 
Division Encampment. 

Rejection — See Membership. Ballot. 

Reinstatement — See By-Laws. Camp. Membership — Dropped, 
Camp — Suspended, Obligation, Transfer, Membership — 
Suspended. 

Revocation — See Camp. 

Revoked — See Division Commander, Charter. 

Remuster — See Membership, Past Division Commander, Past 
Captain. 

Remedy at Law — See Bond. 

Remission of Dues — See Camp. 

Resolutions — See Division Encampment, Courts Martial. 



62 DIGEST OF DECISIONS. 

Rights and Privileges — See Courts Martial. 

Ritual — Camps cannot possess a greater numlier than is allowed by 

the laws of the Order. 

Com. -in-Chief Bundy, Dec. Xiv , 14th, 30. 

The obligations may be administered in sign language to the 

deaf and dumb. 

Com. -in-Chief Bundy, Dec. XXiii., 14th, i,t,. 

Whenever there is a conflict of terms between the Ritual and the 
C, R. & R., the latter governs. 

Com. -in-Chief Bundy, Dec. xxvi., 14th, 35. 

No brother but an officer of a camp has a right to possess a 

Ritual. 

Com.-in-Chief Griffin, Op. Cli., Blue Book, 93. 

Division Commanders must not sell extra copies to individual 

members. 

Com.-in-Chief Bundy, Dec. xni , 14th, 29. 

Discretionary with camp whether it gives the three degrees in 

one evening, 

Com.-in-Chief Bundy, Dec. Xiv., 14th, 29. 

Members in good standing January i, 1895, entitled to all the 
secret work of the three degrees, without reobligation or 

remuster. 

Com.-in-Chief Bundy, Dec. Xiv., 14th, 29. 

Members who were suspended at the time the new Ritual went 
into effect, ( January r, 1S95,) entitled to receive the secret 
work of all the degrees without reobligation or reinstatement. 
Com.-in-Chief Bundy, Dec. xiv , 14th, 29. 

Members reaffiliating through transfer cards previously granted 
and which did not expire previous to January i, 1895, 
entitled to all the secret work of the thiee degrees of the 
new Ritual without reobligation. 

Com.-in-Chief Bundy, Dec. xiv., 14th, 29 

One honorably discharged may be readmitted into the Order 
without muster, but he must take anew the obligations. 
Com.-in-Chief Bundy, Dec. Xiv., 14th, 29. 
Dropped members must be initiated same as new recruits when 

again admitted. 

Com.-in-Chief Bundy, Dec. xxv., 14th, 34. 



RITUAL. 63 

Neighboring camps may interchange team work but obligations 
should be conferred by the Chaplain of the camp of which 
the recruit is to become a member. 

Com. -in-Chief Bundy, Dec. XX., 14th, 32. 

A Commander-in-Chief can authorize no side degrees nor can 
he modify, alter or amend the Ritual in any respect. 
Com.-in-Chief Griffin, Op. cvi., Blue Book, 94. 

Any manner of mustering in so far as it does not change the 

Ritual, is permissible. Artistic etiects are helpful for impres- 

siveness. 

J. A. Gen. Brown, Op. CV., Blue Book, 94. 

The words, "• return ot this sign," in the Ritual does not mean 
that the Captain shall make the same sign in return, but he 
should acknowledge it with the gavel or with tlie hand. 
J. A. Gen. Brown, Op. cm.. Blue Book, 93. 

It would be appropiiate for the Captain to take a new memlier 

by the hand when congratulating him on his muster, but this 

is entirely discretionary. 

J. A. Gen. Brown, Op. cm., Blue Book, 93. 

To close a camp in " due form " means according to Ritual. 
Com.-in-Chief Webb, Dec xxui., loth, ;^2- 

There is a misprint in the new Ritual where it reads after the 
inquiry, " Does any one know of a sick brother," etc., that 
the Captain as chairman of the Relief Committee will report, 
etc. The word '■'•Chaplain^'' should be substituted for 

Captain. 

Com.-in-Chief Bundy, Dec. xxvi., 14th, 35. 

On page 26 of the Ritual, what is the position of the Chaplain, 
at the altar or at his post, and does line form between Second 
Lieutenant and Chaplain, facing the altar.'' Proper position 
of Chaplain in administering an obligation is at the altar. 
Positions should be the same as in other degrees. 
Com.-in-Chief Bundy, Dec. xiv., 14th, 30. 

It is not necessary that the Picket Guard should approach the 
altar to make the salute each time he retires or re-enters for 
the purpose of admitting late comers; the salute given froin 
.his station should answer every purpose. 

Com.-in-Chief Rake, Dec. xv., i6th, 32. 



64 DIGEST OF DECISIONS. 

When the Sergeant of tlie Guard retires to execute an order, 
upon re-entering the camp room he should salute at the altar. 
Com. -in-Chief Rake, Dec. XV., i6th, 32. 

While it is true that certain of the charges to the recruit plainly 

inform him that he can be admitted to another camp only 

when the Captain or Lieutenants of his own camp are present 

to vouch for him, it must be evident that the intention of the 

framers of this language was other than it appears to us in 

type, since to comply with the same would practically prevent 

those visitations to other camps, which becoine necessaty and 

desirable. 

Com.-in-Chiel Rake, Dec. xv., i6th, ^;i. 

Ribbon — See Chaplain. 

Roll Call — Names of officers as well as members should be called 
at roll call. 

J. A. Gen. Brown, Op. cm., Blue Book, 93. 

vSee Camp, Division Commander. 

Severe Penalties — See Courts Martial. 

Secret Work — See Ritual. 

Sergeant-Major — See Division Encampment. 

Sentence — See Courts Martial. 

Service on Accused — See Courts Martial. 

Session — See Courts Martial. 

Shoulder Straps — By the action of the Thirteenth Annual 
Encampment the use of shoulder straps and shoulder knots 
was made optional, but if used shall contain letters "S. V." 
according to pattern displayed at the Encampment, /te/d, that 
this action was not a constitutional amendment, but merely 
directory, and either the shoulder strap of the United States 
or the aforesaid design may be worn at the option of divisions. 
Com. -in-Chief Bundy, Dec. ix , 14th, 25. 

See Regulation Uniform. 

Shoulder Knots — See Shoulder Straps, Regulation Uniform. 
SIL^'ER Cross — See Dis[)ensation. 
Side Arms — See Division Officers. 
Side Degrees — See Ritual. 
Sign Language — See Ritual. 



SIGNAL CORPS. TRANSFER. 65 

Signal Corps — See Army and Navy. 

Slander — See Courts Martial. 

Specifications — See Courts Martial. 

Staff — See Division, Installation. 

State — See Membership. 

State Militia — See Membership — Eligibility. 

Sureties — See Bonds. 

Suspension — .See Transfer, Captain. 

Suspended Camp — See Division Encampment. Transfer, Dues. 

Suspended Member— See Post System. Dues, Ritual, Membership. 

" Subsequent Meeting" — See Membership. 

Supplies — See Council-in-Chief. 

Surrender — See Transfer. 

Surgeon — Should report to and receive general instructions from 
the Surgeon-General regartling matters within his Division 
and not conflicting with liis duties to and orders from the 
Division Commander. 

Com. -in-Chief Griffin, Op Lii., Blue Book, 46. 

See Membership, Reports. 

Swords — Camp equipped with swords would not receive any 

consideration for arms or equipments upon inspection. 

Com. -in-Chief Bundy, Dec. xlvii., 14th, 42. 

Systems, Other — See Camps. 

Theft — See Membership — Eligibility. 

Three-Fourths Vote — See Transfer. 

Time and Place of Meeting — See Division Encampment. 

Time Limit of Liability — See Bonds. 

Time of Meeting — See By-Laws. 

TiTi-ES — The titles of Camp Officers, when changed by the 
Commandery-in-Chief, apply to those elected to office prior 
to the change and who were in office at the time the change 
went into effect. 

Com. -in-Chief Weeks, Dec. XXI., nth, ^^. 

Transfer — Members in good standing of camp whose charter is 
revoked are entitled to transfers. 

J. A. Gen. Russell, Op. xxxii., 13th, 100. 



(i6 DIGEST OF DECISIONS. 

The intent of Chapter II, Article IV, Section 4, C, R. & R., 
is that transfer cards shall be issued at or about the time of the 
disbandment of the camp. 

Com.-in-Chief Rake, Dec. ix., i6th, 31. 

A transfer need not necessarily bear date of disbandment of 

camp. 

Com.-in-Chief Russell, Dec. xiii., 15th, 45. 

A camp can demand a fee for a transfer card and refuse to give 
the same until it is paid. 

J. A. Gen. Weeks, Op. xix., loth, 106. 

While the rules and practice of the G. A. R. are opposed to 
the establishing of fees for transfers, it is to be observed that 
the Constitution of the G. A. R. entitles any comrade to a 
transfer card who has paid all dties^ whereas our Constitution 
requires that he shall have paid all debts. 
J. A. Gen. Weeks, Op. xix., loth, 106. 

A Captain must issue a transfer card to a brother on application 
if he is in good standing in all respects. 

Com.-in-Chief Grififin, Op. xxiv., Blue Book, 23. 

A brother already a member of a camp cannot be mustered 
into another camp without a transfer card. 

Com.-in-Chief Griffin, Op. xxiv., Blue Book, 23. 

A member to be entitled to a transfer card must be in good 

standing, with no charges existing against him, and his 

written application for a transfer must be presented at some 

stated meeting of his camp. It is not necessary that he be 

present. 

Com.-in-Chief Bundy, Dec. Lii., 14th, 44. 

A brother holding a transfer cannot visit camps. 
Com.-in-Chief Bundy, Dec. xi., 14th, 27. 

A brother's signature to a transfer need not be made in the 
presence of the Captain and First Sergeant if he is in a 
distant state. It may be witnessed by any brother near at 
hand who shall be designated by the Commander for that 

purpose. 

Com.-in-Chief Bundy, Dec. UI., 14th, 44. 



TRANSFER. 67 

A holder of a transfer is not a member in good standing of the 
Order before the same is deposited in some camp. His 
status is fully defined in Chapter II, Article IV, Section 2, 
C, R. & R. ; while holding a card he is subject to the camp 
or division issuing same for jurisdictional purposes only — in 
other words, he is amenable to discipline. 

Com.-in-Chief Maccabe, Dec. XXXiii., 13th, 27. 

Camp's jurisdiction over transferred member embraces the 
right to take it away if the recipient should be guilty of any 
breach of discipline cognizable by the laws of the Order. 
Com.-in-Chief Bundy, Dec. xi., 14th, 28. 

A brother on a transfer is not eligible to perform any work or 
duty, and is a member of the Order for purposes of discipline 

only. 

Com.-in-Chief Bundy, Dec. Lix., 14th, 46. 

Members admitted on transfer cannot be properly compelled to 

take any obligation. 

Com.-in-Chief Bundy, Dec. xvii., 14th, 31. 

A brother holding a valid transfer card becomes honorably 

discharged at the expiration of a year from its date, and upon 

being elected to membership again may be admitted without 

ceremony of muster. The Captain can use his discretion as 

to omission of muster ceremony. 

J. A. Gen. Russell, Op. v., 13th, 92. 

A transferred brother applies for admission to a camp, the 
application was regularly referred, favorably reported and a 
ballot had, resulting in ten white balls and three black ones 
being cast, there being thirteen members present and voting, 
held^ that three-fourths of the members present having voted 
in favor of his admission, he was elected. 

Com.-in-Chief Webb, Dec. ni., loth, 29. 

A member holding a transfer applies for membership to a camp 
and is rejected, his name should not be published in Division 
Orders as having been rejected. 

Com.-in-Chief Webb, Dec. LXIII., loth, 46. 

If a former member of a disbanded camp deposits his transfer 
within the period of its life, he retains all past honors. 
Com.-in-Chief Rake, Dec. xvii., i6th, t,t,. 



68 DIGEST OF DECISIONS. 

Should the Division Commander through any neglect, fail to 
issue transfers to members in good standing of disbanded 
camps, such members would have their remedy. 
Com. -in-Chief Rake, Dec. ix., i6th, 31. 

It would seem to be equitable that the power to grant a transfer 
after one year from the date of disbandment of a camp should 
not be exercised. 

Com. -in-Chief Rake, Dec. IX, i6th, 31. 

A camp under suspension cannot legally issue a transfer to its 

members 

Com. -in Chief Russell, Dec. xxii., 15th, 48. 

A Division Commander cannot grant a transfer to a member 
of a suspended camp. 

Com.-in-Chief Maccabe, Dec. I., 13th, 21. 

A brother in good standing at the time of the disbandment 
of his camp who fails to obtain a transfer may secure one 
of the Division Commander at any time. 

Com.in-Chief Russell, Dec. XUI., 15th, 45. 

Opinion xxxii. of J. A. Gen. Russell (13th, 100), in referring 
to members entitled to transfers from the Division Commander, 
does not mean members in good standing at the time of the 
suspension but at the time of the dissolution of the camp. 
J. A. Gen. Russell, Op. xxxvi., 13th, 103. 

Not necessary for a camp to be reinstated for the Division 
Commander to issue transfers. As soon as he is furnished 
the proper list he must issue to those entitled to receive them. 
Com.-in Chief Russell, Dec. xxn., 15th, 48. 

See By-Laws, Camp, Division Officers, Division, Dues, 
Division Commander, Division Staff, Past Captain, Ritual. 

Uniform — The wearing of a uniform while attending camp meet- 
ings is not compulsory. 

Com.-in-Chief Rake, Dec. XV., i6th, 32. 

A Division Commander cannot by dispensation permit the use 
of any uniform other than that prescribed by the C, R. & R. 

Com.-in-Chief Griffin, Op. LXXXVi., Blue Book, 81. 



UNIFORM. WITNESSES. 69 

Turkish Zouave uniform cannot be adopted as the legal uniform 
of a camp as it does not conform to United States Regulations. 

Com. -in-Chief Bundy, Dec. xxvii., 14th, 35. 

A division cannot adopt pantaloons other than those specified 
by the C, R. & R. 

Com. in-Chief Griffin, Op. LXXXiv., Blue Book 80 

See Camp, Chaplain, Regulation Uniform. 
Uniformed Camp — If 40 out of 45 members are uniformed, they 
constitute a "■ uniformed camp." 

Com -in-Chief Griffin, Op. LXXXVii., Blue Book, 81. 

Unbecoming Language — See Courts Martial. 
Under Age — See Membership. 

United States Service — Muster-in is essential to entry into the 
United States Service. 
J. A. Gen. Harrington, Op. v., 14th, 118. See Griffin, Op. X ; Weeks, Op. xxxv. 

Utah — See Camp. 

Usual Place of Abode — See Courts Martial. 

Vacancy — See Camp Officers, Division Encampment, Division 

Office, Division Council. 
Veterans — See Officers. 
Visitations — See Transfer. 
Vote — See Division Encampment. 
Witnesses — See Courts Martial. 



APPENDIX. 



Decisions I, to IX. of Commander-in-Chief Charles K. Darling and Opinions 

I. to VII. of Judge-Advocate-General Edward K. Gould, 

rendered the present term. 



Ballot — (On page six of this Digest there is a decision which 
holds that a ballot is necessary for each degree. By the 
action of the Sixteenth Annual Encampment, the printed 
proceedings of which have been received since this Digest 
went to press, ballot for each degree has been dispensed 
with.— E. K. G.) 

Charter — A legal quorum (5) is fixed as the minimum number 
of members in good standing, necessary to hold a charter. 
Dec. I., (J. A. Gen., Op. i.) 

Commission — Two commissions cannot be held by the same person 

at the same time. 

Decision in. 

Courts Martial — A brother serving a sentence of suspension 

cannot be tried on another charge during the period of 

suspension. 

Dec. IV., (J. A. Gen., Op. iv.) 

Original jurisdiction not in Commander-in-Chief to convene 
a court martial for the trial of a Past Captain. 
Dec. II., (J. A. Gen., Op. 11.) 

Past Commanders-in-Chief and Past Grand Division Com- 
manders are the only "past oi^cers " over which the 
Commander-in-Chief has original court martial jurisdiction. 
Dec. II., (J. A. Gen., Op. 11.) 

Indecent and unbecoming words, although not actionable in 
themselves, when addressed to a veteran of the late war, 
make the offender subject to court martial. 
Dec. II., (J. A. Gen., Op. 11.) 



COURTS MARTIAL. PAST CAPTAIN. 7 1 

One year's suspension from membership not an excessive 

sentence for using indecent and unbecoming words to a 

veteran. 

Dec. II., (J. A. Gen., Op. ii.) 

Dispensation — A Division Commander has no power to grant a 
dispensation to a camp for the muster of a recruit who had 
been elected and received two degrees in another camp. 
Dec III., (J. A. Gen , Op. in.) 

Jurisdiction — A camp can surrender jurisdiction over a recruit 
who having received only the degrees of Friendship and 
Charity, changes his residence, and desires to take the degree 
of Loyalty in another camp. 

Dec. III., (J. A. Gen., Op. in.; 

Membership — A member six months in arrears in the payment 
of his dues is a suspended member, notwithstanding he may 
not be reported as such in the quarterly returns. 
Dec. VIII., (J. A. Gen , Op. v.) 

A member twelve months in arreais in the payment of his dues 
is "dropped" by operation of law, even if not so reported in 
the quarterly returns of his camp. 

Dec. vii., (J A. Gen., Op. v.) 

A vote of the camp is not necessary to suspend a member. 
Dec. A'li., (J. A. Gen., Op. v.) 

A discharge reads, "This is to certify that the bearer, Chas. 
Shead, has been employed in the Quartermaster's Depart- 
ment under my direction, and has been honorably discharged 
this 31st day of March, 1865. John Godfrey, Captain and 
Assistant Qiiartermaster." Held^ that the son of Charles 
Shead is not eligible to membership. 
Decision v. 

Past Captain — A sitting Captain whose camp surrenders its 

charter in December, when his term is nearly completed, and 

he is granted a transfer which acknowledges him as sitting 

Captain, and deposits it at once in another camp, is not 

entitled to past rank and the Iron Cross, not having completed 

a "full term." 

Dec. IX., (J. A. Gen. Op. vii.) 



72 



DIGEST OF DECISIONS. 



Quorum — When the return of a camp shows a less number than a 
quorum in good standing, the Division Commander should 
demand the surrender of its charter. 

Dec. I., (J. A. Gen., Op. i.) 

Transfer — Issued to a division officer whose camp disbands, does 
not vacate the office if due diligence is used to deposit it in 
another camp. 

Dec. vni., (J. A. Gen., Op. vi.) 

A candidate who has only received the degrees of Friendship 
and Charity is not entitled to a transfer. 
Dec. HI., (J. A. Gen., Op. ni.) 

Veterans — The respect and deference paid by a private to an 
officer in the United States Army should be the rule of con- 
duct governing members in their relations to Union veterans. 
Dec. II., (J. A. Gen., Op ii.) 




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